JUDGMENT :

Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree, dated 10.11.2012 in A.S.No.11 of 2012 on the file of the Principal Sub-Court, Dindigul, reversing the judgment and decree, dated 30.10.2010 in O.S.No.173 of 2008, on the file of the Principal District Munsif Court, Dindigul.

1. Aggrieved over the reversal finding of the first appellate Court, the present Second Appeal is filed.

2. The parties are referred to as per their rank before the trial Court.

3. The brief facts, leading to the filing of this Second Appeal, are as follows:

The suit properties and other properties are originally owned by one Sathan Servai. He had two sons viz., Chinnaiyan and Ramasamy. The said Chinnaiyan had four sons. The first plaintiff is one of the sons of the said Chinnaiyan. The defendant is the son of Ramasamy, who is the one of the sons of the original owner Sathan Servai. On 18.01.1980, an oral partition was effected between the branches of the first plaintiff and the defendant. The suit property and other properties were allotted to the first plaintiff and his brothers. In the said partition, the defendant was also allotted some other proper