1. This second appeal is directed against the judgment and decree dated 30.08.2000 passed in A.S.No.56 of 1998 on the file of the Additional Sub-ordinate Court, Nagapattinam confirming the fair order and decreetal order dated 23.04.1997 passed in I.A.No.1241 of 1996 in O.S.No.87 of 1978 on the file of the District Munsif's Court, Nagapattinam.

2. The parties are referred to as per the rankings in the trial court.

3. I.A.No.1241 of 1996 in O.S.No.87 of 1978 has been laid by the first defendant for allotting 1/12th share in the properties by way of a preliminary decree.

4. The case of the petitioner/first defendant in brief is that in O.S.No.87 of 1978, the preliminary decree for partition of the first plaintiff's 1/4th share was passed on 17.11.1978 and in the earlier suit in O.S.No.291 of 1971, order has been passed allotting 4/9th share in favour of the petitioner in the properties concerned and accordingly the court has ordered that the party should work out their portions in the allotment of properties which remain excluded in the earlier suit in O.S.No.291 of 1971 and as according to the petitioner, after the death of the father Chidamparampillai, he derives 1/12th share