JUDGMENT :

(Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree passed in A.S.No.132 of 2010 dated 31.01.2012 on the file of the Court of Additional Subordinate Judge, Mayiladuthurai in confirming the Judgment and Decree passed in O.S.No.223 of 2009 dated 13.07.2010 on the file of the Court of Principal District Munsif, Mayiladuthurai.)

1. The plaintiff is the appellant in this Second Appeal. The case of the plaintiff is that he is the owner of the suit property and he purchased the same by virtue of a sale deed dated 13.8.1989. Thereafter the plaintiff had constructed a two-storeyed building and the house tax was also assessed in his name.

2. The further case of the plaintiff is that he married the defendant in the year 1996 and there were two children out of the said wedlock. At the time of filing this suit, the daughter was aged about 12 years and the son was aged about 10 years. Unfortunately the marriage was dissolved by a decree of divorce dated 8.8.2007 in H.M.O.P.No.43 of 2007.

3. It is stated that there are three portions in the suit property. Two portions are in the ground floor and one portion is in the first floor. Ev