JUDGMENT :

Challenge in this second appeal is made to the judgment and decree dated 31.10.2006 passed in A.S.No.42 of 2005 on the file of the Subordinate Court, Poonamallee, confirming the judgment and decree dated 25.10.2004 passed in O.S.No.219 of 2004 on the file of the District Munsif Court, Poonamallee.

2. The defendant in O.S.No.219 of 2004 is the appellant in this second appeal.

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

4. The deceased first plaintiff claiming partition in respect of the suit properties has laid the suit against her brother, the defendant. According to the plaintiff, the suit properties belonged to her grandmother Chinnammal and thus would putforth the claim that she is entitled half share in the suit properties.

5. The defendant/appellant resisted the plaintiff's suit contending that the plaint A schedule, item 2 in B schedule are the properties of his father Ponnusamy and admitted that the third item of the B schedule belonged to Chinnammal, the grandmother and would putforth the case that the first item in B schedule was obtained by Chinnammal through her husband. Further, he would also putforth the c