JUDGMENT :

(Prayer: Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 16.09.2009 made in A.S.No.58 of 2004 on the file of the First Additional Sub-Court, Erode confirming the judgment and decree dated 18.02.2004 made in O.S.No.114 of 2000 on the file of the District Munsif-cum-Judicial Magistrate, Perundurai.)

(The case has been heard through Video Conferencing)

1. The suit filed for partition dismissed by the trial Court and the same confirmed by the first appellate Court. Against the concurrent finding, the appellant has filed the second appeal.

2. The case of the plaintiff is that, his father Sengoda gounder purchased 1/72 share in the suit property on 03.09.1962 from one Chennimalai gounder and another, purchased another 1/72 share in the suit property from one Chinnappa gounder and another and also purchased 1/72 share in the suit property from one Sellaiya gounder and two others. Thus, out of total extent of 3.46 acres, he became title holder for 3/72 shares. On the death of his father, the plaintiff succeeded to the property and he is in possession and enjoyment of the same.

3. Earlier, Chenniappan the first defendan