JUDGMENT :

R. SUBRAMANIAN, J.

Prayer: Second Appeal filed under Section 100 of C.P.C. to set aside the judgment and decree passed in O.S. No. 189 of 2005 dated 29.08.2012 on the file of the Court of District Munsif, Sirkali as confirmed in A.S. No. 95 of 2012 dated 29.07.2013 on the file of the Court of Principal Subordinate Judge, Mayiladuthurai.

1. The 1st defendant in O.S. No. 189 of 2005 having suffered a decree for partition and separate possession of 1/3rd share each of the plaintiff and the defendants 3 to 6 together at the hands of the courts below has come up with this Second Appeal.

2. The plaintiff/1st respondent is represented by his power agent. The suit is one for partition and separate possession of his 1/3rd share on the following pleadings:-

The suit properties originally belonged to late Kanagayal W/o Ayyasamy. The item Nos. 1 to 7 were purchased by Kanagayal in her name under various sale deeds marked as Ex.A4 and Ex.A5. As regards item No. 8, the plaintiff would contend that Kanagayal had entered into an agreement with one Kannan and since the said Kannan did not come forward to execute the sale deed as per the agreement, she had filed a suit in O.S. No. 110 of 1976