The defeated second defendant is the appellant herein.

2. The plaintiffs filed the suit, in O.S.No.328 of 1995, before the learned Principal District Munsif, Pudukottai, seeking the relief of partition and separate possession of 3/4th share in the suit properties and for costs.

3. After contest, the learned Principal District Munsif, Pudukottai, by Judgment and Decree, dated 31.07.1997, dismissed the suit.

4. Aggrieved by the Judgment and Decree passed by the learned Principal District Munsif, Pudukottai, the plaintiffs preferred an appeal, in A.S.No.157 of 1997, before the learned Principal District Judge, Pudukottai.

5. After contest, the learned Principal District Judge, Pudukottai, by Judgment and Decree, dated 31.03.1999, allowed the appeal, set aside the Judgment and Decree of the learned Trial Judge and passed a Preliminary Decree allotting 1/4th share to each of the plaintiffs.

6. Challenging the correctness of the Judgment and Decree passed by the learned Principal District Judge, Pudukottai, the defeated second defendant has preferred the present second appeal.

7. The brief averments of the plaint that are necessary to decide this appeal are as follows:

The suit proper