This Second Appeal is preferred against the Judgment and Decree in A.S.No.12/2005 dated 24. 2006 reversing Judgment of the trial Court in O.S.No.279/2000 dated 25.01.2005 and thereby passing Preliminary decree for partition of 2nd Plaintiffs 1/4th share in the suit properties as son of late Sadasiva Gounder.

2. Plaintiffs and Defendant claim as legal heirs of deceased Sadasiva Gounder and they

are related as under:-

Sadasiva Gounder[Died in1979]

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=Unnamalai Ammal = Chinna Ammal = Muniammal[P1]

1st wife [died in 1988] 2nd wife [died-issueless] [3rd wife]

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Kuppan (Son) Dhanasekaran(Son)

[Appellant-Defendant] [2nd Respondent-2nd Plaintiff]

Case of Plaintiffs is that suit properties belonged to Sadasiva Gounder and he died intestate in 1979. According to Plaintiffs, Plaintiffs and Defendant as legal heirs of Sadasiva Gounder are entitled to succeed to the suit properties. At the time of death of Sadasiva Gounder, 2nd Plaintiff was aged 13 years. After the death of Sadasiva Gounder, Defendant was maintaining family properties as Kartha of joint family. Plaintiffs and Defendant are in joint possession and enjoyment of the suit properties and

inspite of repeated demands