JUDGMENT :

V. Parthiban, J.

1. This Second Appeal has been filed against the judgment and decree dated 11.09.2006, passed by the Principal District Court, Salem, in A.S. No. 30 of 2006, confirming the judgment and decree dated 07.11.2005, passed by the Sub Court, Sankari, in O.S. No. 57 of 2004, which is one for partition and permanent injunction.

2. The appellant herein is the first defendant in the suit. The facts and circumstances which gave raise to the filing of the Second Appeal are briefly narrated hereunder:

(a) The plaintiffs, who are respondents 1 to 2 herein, have filed the suit before the Trial Court for partition of the suit properties and for allotment of their share, along with the other legal heirs of their deceased father Kandan @ Kandasamy. The father of the plaintiffs Kandan @ Kandasamy and his wife Kandayammal have two sons and four daughters from their wedlock. The said Kandasamy had purchased several properties between 1951 and 1964, as evidenced by Exs. A1 to A9. The said Kandasamy died on 08.09.1989. After his death, it appears that there was a partition deed in respect of a portion of the suit property, between the wife of the deceased Kandasamy, viz., Kandayee