S. NAGAMUTHU, J.

1. The suit in O.S.No.409 of 1999 was originally filed before the learned Subordinate Judge, Vellore, by the sole respondent herein. The appellant is the 1st defendant. On transfer to the file of the learned Additional District Munsif, Vellore, the said suit was renumbered as O.S.No.650 of 2004. The respondent herein filed the above said suit for partition of the suit properties and for allotment of 1/3rd share to him. By decree and judgment dated 26.07.2010, the trial court dismissed the suit. As against the same, the plaintiff/respondent herein filed an appeal in A.S.No.115 of 2011 before the learned Subordinate Judge, Vellore, as against the 1st defendant alone and he had given up his claim as against the defendants 2 to 4. By decree and judgment dated 21.09.2012, the first appellate court allowed the appeal, set aside the decree and judgment of the trial court and passed a preliminary decree allotting 1/3rd share to the plaintiff/respondent herein. Challenging the same, the 1st defendant is now before this court with the present second appeal.

2. The case of the plaintiff in brief is as follows:-

The suit properties were originally owned by one Sri.Dur