1. This second appeal is directed against the Judgment and Decree dated 23.01.2002 and made in A.S.No.15 of 2001, on the file of the learned Additional District Judge, Nagapattinam, modifying the Judgment and Decree dated 17.10.2001 and made in O.S.No.232 of 2000, on the file of the learned Additional Subordinate Judge, Nagapattinam.

2. The facts, which giving rise to the memorandum of second appeal are detailed as under:

The plaintiff and the defendants are the sons and daughters of one Govindasamy Pillai. The suit properties are the ancestral and joint family properties of the plaintiff, first defendant and their father Govindasamy Pillai. The said Govindasamy Pillai had died in the year 1988 and his wife Kunjammal had pre-deceased him. Hence, the plaintiff and the defendants are the legal heirs of the deceased Govindasamy Pillai.

3. The plaintiff and the first defendant are in the management of the suit properties. The plaintiff and the first defendant are, by their birth right and under a Will dated 15.02.1954, entitled to 1/3 share each over the suit properties. Besides this, the plaintiff and the defendants are each entitled to 1/5 share in their father's 1/3rd share.