JUDGMENT :

Prayer: This Memorandum of Second Appeal is filed under Section 100 of Code of Civil Procedure, against the Judgment and decree dated 22.12.2009 made in A.S.No.39 of 2007 on the file of the learned Subordinate Judge, Chidambaram, reversing the judgment and decree dated 28.12.2006 made in O.S.No.437 of 2000 on the file of the District Munsif cum Judicial Magistrate, Kattumannarkoil.

1. The Second Appeal is focused as against the judgment and decree dated 22.12.2009 passed in A.S.No.39 of 2007 by the learned Subordinate Judge, Chidambaram, in reversing the judgment and decree dated 28.12.2006, made in O.S.No.437 of 2000 by the learned District Munsif cum Judicial Magistrate, Kattumannarkoil. The suit is for the relief of partition and separate possession.

2. For the sake of convenience, hereinafter the parties are referred to, as per their litigative status before the trial Court.

3. The laconic averments made in the plaint, are as follows:

(i) The plaintiff and defendants 1 & 2 are brothers, born to one Govindasamy Padayachi, through his wife Thilaiammal. The said Govindasamy Padayachi is the kartha of the family. In earlier, the said Govindasamy Padayachi purchased the suit ‘