JUDGMENT :

(Prayer: Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 22.04.2010 made in A.S.No.7 of 2007 on the file of the Additional District Judge (Fast Track Court-II), Gobichettipalayam confirming the judgment and decree dated 20.06.2005 made in O.S.No.213 of 2002 on the file of the District Munsif Court, Sathyamangalam.)

(The case has been heard through Video conference)

1. The second appeal is filed by the defendant in the suit for partition filed by his sister. The parties are son and daughter of late Ammasai Gounder. Out of three items of properties, the trial Court held that, items 1 and 2 of the suit schedule properties are the self acquired property of the deceased Ammasai Gounder, who died intestate. Therefore, his son (defendant) and his daughter (plaintiff) are entitled for ½ share each. So far the 3rd item property, the trial Court held that it is the property of Marayal (the mother of plaintiff and defendant). The said Marayal during her life time, had settled the 3rd item property in favour of the defendant. So, the plaintiff has no share in it. Accordingly, the preliminary decree for partition in respe