G. Ramanujam, J.

1. This Second Appeal came to be filed in the following circumstances:

There was a suit, O.S. No. 58 of 1943, filed by the appellant herein (plaintiff) on the file of the District Munsif of Erode for partition of his 3/4th share in the suit property, which he acquired by right of purchase under two sale deeds dated 4th March, 1942, and 14th May, 1942 against the defendant who claimed the other 1/4th. share. There was a preliminary decree for partition on 17th August, 1943. In C.M.P.. No. 816 of 1943 a final decree dated 5th April, 1944, was passed by the trial Court in pursuance of the said preliminary decree which allotted the eastern 3/4th share to the plaintiff and the western 1/4th share to the defendant. Against the said- final decree, both the parties have filed appeals to the District Court, Coimbatore in A.S. Nos. 305 and 327 of 1944. There was an order of remand in the above two appeals by the District Court on 13th December, 1944 directing the trial Court to consider the second report and the plan filed by the Commissioner before effecting a division of the properties. On remand, the trial Court passed a fresh final decree on 1st November, 1945, div