JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of C.P.C, against the judgment and decree dated 14.07.2004 on the file of the Subordinate Court, Padmanabhapuram made in A.S.No.59 of 2002 reversing the judgment and decree dated 22.01.2002 on the file of the Principal District Munsif Court, Padmanabhapuram made in O.S.No. 289 of 1998.)

1. The plaintiff is the appellant.

2. The plaintiff filed O.S.No.289 of 1998 before the District Munsif Court, Padmanabhapuram for the relief of partition. The suit was decreed and preliminary decree was granted in favour of the plaintiff for 1/3rd share. The 5th defendant filed A.S.No.59 of 2002 before the Sub-Court, Padmanabhapuram. The learned Subordinate Judge allowed the appeal and dismissed the suit. As against the same, the plaintiff has filed the present Second Appeal.

3. It is the case of the plaintiff that the suit schedule properties were originally owned by one Bakianathan who died instate leaving behind the plaintiff and two other sons namely, Selvamani and Gnanamani. Selvamani's legal heirs are the defendants 1 to 3. Gnanamani's legal heirs are the defendants 4 to 6. The plaintiff contended that the suit schedule properties are t