JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 19.02.2015 in A.S.No.30 of 2013 on the file of Principal District Judge, Salem confirming the decree and judgment in O.S.No. 120 of 2009 dated 14.12.2012 on the file of the II Additional Sub Judge, Salem.)

1. In this second appeal, challenge is made to the judgment and decree dated 19.02.2015, passed in A.S.No.30 of 2013, on the file of the Principal District Court, Salem, confirming the judgment and decree dated 14.12.2012, passed in O.S.No. 120 of 2009, on the file of the II Additional Subordinate Court, Salem.

2. The second appeal has been admitted on the following substantial questions of law:

1. Have not the Courts below misread Sec.8 of the Hindu Succession Act which has resulted in perverse findings warranting interference under Sec.100 CPC?

2. Are not the Courts below wrong in holding that the suit properties are separate properties of Sadaiyan, when admittedly he had got it in a partition as Karta of joint family consisting of father and his sons?

3. Are not the Courts below wrong in overlooking that any release/settlement by one co-parcener without the consen