(Second appeal has been filed under Section 100 of C.P.C., against the judgment and decree dated 07.12.2007 passed in A.S.No.29 of 2007 by the Subordinate Judge, Ambasamudram, confirming the judgment and decree dated 25.01.2007 passed in O.S.No.412 of 2004 by the Principal District Munsif, Ambasamudram.)

The concurrent judgments passed in Original Suit No.412 of 2004 by the Principal District Munsif Court, Ambasamudram and in Appeal Suit No.29 of 2007 by th Subordinate Court, Ambasamudram are now under challenge.

2. The respondent herein as plaintiff has instituted Original Suit No.412 of 2004 on the file of the trial Court, for the reliefs of partition and mesne profits, wherein the present appellants have been shown as defendants.

3. It is averred in the plaint that the suit properties are originally belonged to the father of the plaintiff by name Tharaniya Pillai @ Pugalum Perumal Pillai and he purchased the same under two registered sale deeds dated 06.10.1949 and 26.04.1956. The said Tharaniya Pillai @ Pugalum Perumal Pillai has passed away leaving behind him, his wife viz., Nachiammal, the plaintiff and husband of the first defendant by name Ponniah, Mookan and Pec