JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of CPC, 1908 against the decree and judgment dated 12.06.2008 on the file of the I Additional Sub Court, Erode, in A.S. No.102 of 2006 upholding the decree and judgment dated 27.04.2006 on the file of the Principal District Munsif Court, Erode in O.S. No.658 of 2004.)

1. The appellants herein are the defendants in O.S. No. 658 of 2004 on the file of the Principal District Munsif, Erode. The first respondent (since deceased)/plaintiff filed the above suit for partition and separate possession of his half share in suit Item No.1 and 1/3 share in suit Item No.2. A preliminary decree for partition and separate possession was passed by the learned Principal District Munsif, Erode, vide his decree and judgment dated 27.04.2006, dividing the suit Item No.1 into two equal shares and to allot one such share to the plaintiff and as far as the suit Item No.2 is concerned, the learned Principal District Munsif held that the plaintiff is entitled to 1/3 share in all the Survey Numbers mentioned in Item No.2 except Survey Number 800/5B of Peredu Village, Thayirpalayam, Bhavani Sub-Division, Erode.

2. Aggrieved over the same, the defendants 1