JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 28.04.2008 made in A.S.No.26 of 2008 on the file of the I Additional District Court, Erode, reversing the judgment and decree dated 30.09.2005 made in O.S.No.16 of 2004 on the file of the I Additional District Munsif Court, Erode).

1. Challenge in this second appeal is made to the judgment and decree dated 28.04.2008 passed in A.S.No.26 of 2008 on the file of First Additional District Court, Erode, reversing the judgment and decree dated 30.09.2005 passed in O.S.No.16 of 2004 on the file of the First Additional District Munsif Court, Erode.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial court.

3. The defendants in O.S.No.16 of 2004 are the appellants in this second appeal.

4. Suit for partition.

5. The case of the plaintiff in brief is that the plaintiff is the mother, the first defendant is the wife and the second defendant is the daughter of Kandasamy who died on 30.01.2002 leaving behind the plaintiff and the defendants as his legal heirs. The suit properties had been allotted to Kandasamy by way of a registered partition deed date