1. This second appeal has been filed by the plaintiffs, animadverting upon the judgment and decree dated 7. 2008 passed by the learned Principal Subordinate Judge, Erode, in A.S.No.115 of 2007, confirming the judgment and decree dated 24. 2007 passed by the learned District Munsif cum Judicial Magistrate, Perundurai, in O.S.No.475 of 2004. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

2. A summation and summarisation of the relevant facts, which are absolutely necessary and germane for the disposal of this second appeal, would run thus:

(a) The appellants/plaintiffs filed the suit O.S.No.475 of 2004, as against as many as 9 defendants, seeking for partition on the main ground that 1/3rd undivided share was purchased by the plaintiffs grand father Pongianna Gounder, vide Ex.B1-the sale deed dated 23. 1938.

(b) Defendants 1 to 3 entered appearance and resisted the suit on the ground that they purchased the 1/3rd undivided share in the properties as per Ex.B2-the sale deed, dated 2. 1955 and after such purchase, there was inter se partition among the purchasers, which took place even in the year 1955 a