S.S. Sundar, J.

1. The defendant in the suit in O.S. No. 137 of 2005 on the file of the Additional District Munsif Court, Srivilliputhur, is the appellant in this second appeal.

2. The respondent herein as plaintiff filed a suit for declaration that the suit properties belongs to the plaintiff and for recovery of possession.

3. The case of the respondent/plaintiff as culled out from the plaint, are as follows:

3.1. The suit properties belonged to the grandfather and grandmother of the plaintiff. The grandparents of the plaintiff had three sons and one daughter. Till 1977, the suit properties were enjoyed in common. By a registered partition, all the family properties were divided among the heirs on 09.06.1979. The plaintiff's father one Nagarajan was allotted the suit properties and other properties. After the partition, the properties were allotted to the individual shares and they are in the enjoyment of the respective sharers.

3.2. The plaintiff was born on 30.05.1982. However, the plaintiff's mother died on 18.04.1984 and the plaintiff's father died on 01.05.1985. Since the plaintiff was a minor then, a petition was filed before the District Court, Srivilliputhur in G.W.O.