The unsuccessful defendants/respondents in A.S.No.88 of 1986 on the file of District Judge, West Thanjavur atThanjavur has filed this second appeal challenging the judgment and decree of the said court. The plaintiffs have filed a cross-objection. C.M.P.No. 15886 of 1992: The petitioner has filed this petition to implead her as 3rd appellant in the Second Appeal No.403 of 1988.

2. Therespondents herein as plaintiffs have filed O.S.No.75 of 1981 on the file of Subordinate Judge, Thanjavur for partition and for separate possession of their half share in the suit properties. Learned Subordinate Judge dismissed the suit and aggrieved by the judgment and decree passed by learned Subordinate Judge, the plaintiffs have filed A.S.No. 88 of 1986 in the Court of District Judge, Thanjavur. Learned District Judge set aside the judgment and decree passed by the trial court and decreed the suit as prayed for with costs. The unsuccessful defendants have filed second appeal.

3. The following substantial questions of law have been framed in the second appeal:

• (i) Whether the lower appellate court while reversing the judgment and decree of the first court

erred in not taking note of th