JUDGMENT :

C. PRATHEEP KUMAR, J.

1. This Second Appeal has been preferred under Section 100 r/w Order XLII Rule 1 & 2 of CPC by the appellants in A.S. 221/2005 on the file of the District Court, Palakkad, who are the defendants in O.S. 500/2003 on the file of the Munsiff's Court, Palakkad, against the judgment dated 26.6.2008 dismissing the appeal. For the purpose of convenience the parties are hereafter referred as per their rank before the trial court.

2. The brief facts necessary for the disposal of this appeal are the following:

The plaint schedule property consisting of ½ share over 98 cents of landed property and the residential building scheduled in the plaint originally belonged to late Anandarama Gowder. He had three sons, Devaraja Gowder, Subbayya Gowder and Sivalingappa Gowder, who is the 1st defendant in the suit. The 2nd defendant is the son of the 1st defendant. In the family partition, the above 98 cents and the building therein was jointly allotted to Devaraja Gowder and Subbayya Gowder. One half undivided right of Devaraja Gowder from the above 98 cents and building was purchased by the plaintiffs 1 and 2 as per Ext.A1 sale deed No. 3406/2001, which is the plaint sched