( 1. ) CHALLENGE in this Second Appeal is to the Judgment and decree dated 31.08.2006 passed in Appeal Suit No.117 of 2006 by the First Additional Sub Court, Tirunelveli, wherein the Judgment and decree dated 28.10.2005 passed in Original Suit No.540 of 2004 by the Second Additional District Munsif Court, Tirunelveli are reversed.

( 2. ) THE first respondent herein as plaintiff has instituted Original Suit No.540 of 2004 on the file of the trial Court praying to declare that the plaintiff is having right of pre-emption in respect of suit property and for directing the defendants to execute a sale deed in favour of the plaintiff after receipt of Rs.45,000/- and also for directing them to hand over vacant possession of the suit property to the plaintiff, wherein the present appellant and the second respondent have been shown as defendants.

The nubble of the averments made in the plaint are that the suit property and its adjacent property are originally belonged to two brothers namely C.M.Ramadoss and Lakshmana Doss. The plaintiff is the son of C.M.Ramadoss. In the year 1982 a partition has taken place in between the plaintiff, his brother and the son of Lakshmana Doss viz., Su