JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of C.P.C, against judgment and decree of the Additional District Court Cum FTC Dindigul dated 25.02.2003 in A.S.No.53 of 2000 partially modifying the judgement and decree of the District Munsif Court, Nilakkottai dated 24.02.1999 in O.S.No.202 of 1995.

1. The plaintiff is the appellant.

2. The plaintiff filed O.S.No.202 of 1995 before the District Munsif Court, Nilakottai for declaration of title and permanent injunction or in the alternative for a prayer for recovery of possession with regard to the suit A and B schedule properties. The suit was dismissed by the trial Court. The plaintiff filed A.S.No.53 of 2000 on the file of the Additional District Court (FTC), Dindigul. The learned District Judge was pleased to partly allowed the appeal and granted a decree for 29 ¾ cents to the southern portion of the suit schedule property. As against the same, the present second appeal has been filed by the plaintiff.

3. The plaintiff had contended that the suit schedule property originally belonged to one Kuppan Samban and after the life time of Kuppan Samban, his three sons namely Raman, Alagumalai and Muthukaruppan have partitioned t