JUDGMENT :

Prayer: Second Appeal has been filed under Section 100 of CPC against the Judgement and Decree dated 01.08.2008 passed in A.S.No.69 of 2007 on the file of the Principal Subordinate Court, Erode, Erode District, reversing the Judgment and Decree dated 28.07.2006 passed in O.S.No.284 of 2004 on the file of the District Munsif - cum- Judicial Magistrate Court, Perundurai, Erode District.

1. Challenge in this second appeal is made to the Judgement and Decree dated 01.08.2008 passed in A.S.No.69 of 2007 on the file of the Principal Subordinate Court, Erode, Erode District, reversing the Judgment and Decree dated 28.07.2006 passed in O.S.No.284 of 2004 on the file of the District Munsif - cum- Judicial Magistrate Court, Perundurai, Erode District.

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

3. The second defendant in O.S.No.284 of 2004 is the appellant in the second appeal.

4. Suit for partition.

5. The case of the plaintiff, in brief, is that the plaintiff is the daughter and the defendants 1 & 2 are the sons of Chinnappa Gounder and Palaniammal and the suit properties belonged to Chinnappa Gounder and the suit properties an