1. This second appeal has been filed against the judgment and decree of the learned Subordinate Judge, Tindivanam dated 10.09.2009 made in A.S.No.32/1995 on the file of the Sub Court, Tindivanam. Palani, the first respondent in the second appeal filed the suit O.S.No.607/1989 on the file of the Court of District Munsif, Tindivanam for partition, separate possession and for mesne profits against 1) Thirumal, 2) Rasu and 3) Jayamoorthy (the first appellant in the second appeal) ranking them as defendants 1 to 3 respectively. The suit was dismissed with cost by the trial court by its judgment and decree dated 31.03.1995. As against the same, the plaintiff Palani (first respondent in the second appeal) filed A.S.No.32/1995 on the file of the Sub Court, Tindivanam. The learned Additional Subordinate Judge, Tindivanam by the impugned judgment and decree dated 10.09.2009 allowed the appeal, set aside the decree of the trial court dismissing the suit and granted a preliminary decree for partition holding that the plaintiff was entitled to 1/3 share in the suit properties and directing division of the suit property in to three equal shares and allotment of one such share to the pla