The above second appeal has been filed by the plaintiff in O.S.No.910 of 1980 on the file of the District Munsif’s Court, Villupuram, who succeeded before the learned trial judge but lost before the first appellate court in A.S.No.7 of 1983, where under the learned Subordinate Judge, Villupuram, chose to reverse the judgment and decree of the learned trial Judge.

2. The suit O.S.No.910 of 1980 came to be filed for partition and separate possession of the plaintiff’s 1/4th share of the suit property and 1/4th share rent from the date of the plaint. The case of the plaintiff is that the suit property belonged to one Jankirama Pillai and his sons, who are defendants 1 to 3, fourth defendant being the daughter and the fifth defendant the wife of Jankirama Pillai. First defendant sold his 1/4th share to the plaintiff under a registered sale deed dated 7. 1967, marked as Ex.A-2, and the father Jankirama Pillai is said to have died in the year 1973 leaving behind three sons, daughter and wife. Since the plaintiff wanted his share divided by metes and bounds and defendants 1 and 3, though, initially were offering to sell, later, did not pursue the same, the plaintiff was driven t