JUDGMENT :

PRAYER: Second Appeal filed under Section 100 of C.P.C., to set aside the judgment and decree dated 16.08.2013 made in A.S.No.117 of 2009 on the file of learned Principal District and Sessions Judge, Erode, partly allowing the judgment and decree dated 08.12.2008 made in O.S.No.175 of 2004 on the file of the learned Principal Subordinate Court, Erode.

The 1st defendant in O.S.No.175 of 2004 is the appellant herein. The suit in O.S.No.175 of 2004 was filed by the plaintiffs therein seeking partition and separate possession of their 1/8th share in the suit properties.

2. According to the plaintiffs, the suit properties are ancestral properties of their father M.Rangasamy, who died on 03.04.1969, leaving behind his wife Kuppayammal, the plaintiffs, the 2nd defendant daughter and the 1st defendant son. The mother Kuppayammal died on 20.04.1993. Therefore, according to the plaintiffs, they would be entitled to 1/8th share each in the suit properties.

3. The suit was resisted by the 1st defendant contending that the deceased Kuppayammal had bequeathed her share in the properti