1. This second appeal is filed by the plaintiff animadverting upon the judgement and decree dated 4.1.2010 passed by the Additional District Court/Fast Track Court No. II, Gobichettipalayam, confirming the judgement and decree dated 28.8.2008 passed by the First Additional Sub-Court Gobichetti- palayam, in O.S. No. 110 of 2002, which is one for partition.

2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.

3. The warp and woof of the gername fact absolutely necessary for the disposal of this second appeal would run thus:

(i) The original deceased plaintiff-Karupayal filed the suit for partition as against her son-D1-Ponnusamy and D2-Karuppusamy-the purchaser of suit property from D1-Ponnusamy.

(ii) The gist and kernel of the averments in the plaint would be to the effect that the suit property originally belonged to Palanisamy-the husband of Karupayal and father of D1-Ponnusamy. The said Palanisamy died intestate during the year 1995; whereupon, his wife Karupayal and son-Ponnusamy became the class-I heirs, entitled to equal shares in the suit property.

(iii) While so, D1-Ponnusamy disreg