JUDGMENT :

Prayer: The Second Appeal filed under Section 100 of CPC, against the judgment and decree of the learned I Additional Sub Judge, Salem, in A.S.No.97 of 2010 dated 24.06.2011 confirming the judgment and decree of the Learned II Additional District Munsif,Salem, in O.S.No.1319 of 2008 dated 10.02.2010.

1. The Defendant in O.S.No.1319 of 2008 on the file of the II Additional District Munsif, Salem, is the Appellant herein.

2. O.S.No.1319 of 2008 had been filed by R.Krishnaveni, seeking a preliminary decree of 2/3rd share with respect to two items of suit property in S.No.49/3B, Achan Kuttapatti Village, Ayothiyapattinam, Salem. The first item of suit property measures 1.55 acres and the second item of suit property measures 0.46 acre, totally 2.01 acres of Punja land. By judgment and decree dated 10.02.2010, the learned II Additional District Munsif, Salem, had granted 1/3rd undivided share to the Plaintiff. The Defendant then filed A.S.No.97 of 2010 on the file of the I Additional Sub Court, Salem. By judgment dated 24.06.2011, the First Appeal was dismissed and the judgm