JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of CPC, 1908 against the judgment and decree of the District Judge's court at Tiruvannamalai dated 15.02.2008 in A.S. No.43 of 2006, confirming the judgment and decree of the Principal Subordinate Judge's Court at Tiruvannamalai dated 16.10.2006 in O.S.No.396 of 2001).

1. Challenge in this second appeal is made to the judgment and decree dated 15.02.2008 passed in A.S. No.43 of 2006 on the file of the District court, Tiruvannamalai, confirming the judgment and decree dated 16.10.2006 passed O.S.No.396 of 2001 on the file of the Principal Subordinate Court, Tiruvannamalai.

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

3. The first defendant in O.S. No.396 of 2001 is the appellant in this second appeal.

4. Suit for partition and mesne profits.

5. The case of the plaintiffs as per the amended plaint, in brief, is that the plaint schedule properties are the joint family properties of Kuppusamy Gounder, the plaintiffs and the defendants and Kuppusamy Gounder inherited about 4 acres of land from his father Muthu Gounder and out of the income from the ancestral lands, he had purchas