JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of C.P.C., against thejudgment and decree dated 15.02.2008 made in A.S.No.27 of 2006 on the file of the Court of the Subordinate Judge of Cheyyar, Thiruvennamalai District reversing the judgment and decree dated 31.10.2006 made in O.S.No.121 of 2003 on the file of the Court of the Additional District Munsif of Vandavasi).

1. Challenge in this second appeal is made to the judgment and decree dated 15.02.2008 passed in A.S.No.27 of 2006 on the file of the Subordinate Court, Cheyyar, reversing the judgment and decree dated 31.10.2006 passed in O.S. No. 121 of 2003 on the file of the Additional District Munsif Court, Vandavasi.

2. The parties are referred to as per the rankings in the trial court. The plaintiffs in O.S. No. 121 of 2003 are the appellants in this second appeal.

3. Suit for partition.

4. The case of the plaintiffs in brief is that the suit property belonged to the plaintiffs and the defendant's grandfather Muthuramalinga Thambiran and enjoyed by him and after his death, enjoyed by the plaintiffs' father and the defendant's father jointly and whileso, the plaintiffs had gone out of the suit village for eking out their