JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, praying to set aside the judgment and decree dated 26.12.2008 made in A.S.No.117 of 2002 on the file of the Additional District Judge, Fast Track Court, Ariyalur confirming the judgment and decree dated 19.02.1992 made in O.S.No.361 of 1993 on the file of the District Munsif Judge, Ariyalur).

1. The case has been heard through video conference) The second appeal against the concurrent finding of the Courts below in the suit for partition carry certain strange facts resulting in intrinsic question of law, which calls for consideration of this Court under section 100 of the CPC.

2. One Thangaraj s/o Padakathu Odaiyar died in the year 1967. He predeceased his parents. He had a brother by name Thangavel and two sisters. His father and mother had landed properties and those properties are the subject matter of the suit.

3. In the year 1993, almost 26 years after the demise of Thangaraj, suit for partition was laid by Dhanabagiyam and her son Velayutham claiming that, they are the wife and son of Thangaraj. According to their plaint, Thangaraj was ardent follower of EVR Periyar. A strong votary of social ju