The plaintiff is the appellant. The second appeal is preferred against the judgment and decree dated 28.02.1996 in A.S. No.22 of 1994, on the file of the learned Subordinate Judge, Nagercoil, confirming the judgment and decree, dated 16. 1994 in O.S.No.779 of 1987, on the file of the learned District Munsif, Nagercoil. The suit is filed for partition and for mesne profits.

2.The brief facts of the case are as follows:

The plaintiff and the defendants 2 to 4 are brothers. The first defendant is their mother. One Late, Sivasubramanian was the husband of the first defendant and the father of the plaintiff and the defendants 2 to 4. One Late. Ramalaxmi is the mother of the first defendants and the grand mother of the plaintiff and the defendants 2 to 4. The said sivasubramanian died on 26.04.1986 and the said Ramalakshmi died in the year 1964. The first item of the plaint schedule property was purchased by the said Sivasubramanian. The second schedule of the property originally belonged to one Paramartha Lingam Ariyar, who executed a settlement deed, dated 06.02.1956, in favour of the plaintiff and the defendants 1 to 4. Therefore, the second schedule property is the ancestr