JUDGMENT :

Prayer: Second Appeal filed under Section 100 of CPC, 1908 against the judgment and decree in A.S. No.133/2007 on the file of the Principal Sub-court, Salem, dated 03.12.2007 in reversing the judgment and decree in O.S. No.1812/2004 on the file of II Additional District Munsif Court, Salem, dated 10.01.2007.

1. Challenge in this second appeal is made to the judgment and decree dated 03.12.2007 passed in A.S. No.133/2007 on the file of the Principal Subordinate court, Salem, reversing the judgment and decree dated 10.01.2007 passed in O.S. No.1812/2004 on the file of II Additional District Munsif Court, Salem.

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

3. The plaintiffs in OS.No.1812 of 2004 are the appellants in the Second Appeal.

4. Suit for partition and for mesne profits.

5. Briefly stated, the case of the plaintiffs is that, the plaintiffs and the defendants 1,2, and 11 are the children of one Ayesha Begum and M.Ajjilal alias Shamshudeen and the defendants 3 to 5 are the tenants of the plaint 'A' schedule properties and the plaint 'A' schedule properties were owned by Sheik Masthan Sahib and he had executed a settl