JUDGMENT :

Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree passed in A.S.No.18 of 2008 on the file of Principal District Court, Chengalpattu dated 27.07.2010 confirming the judgment and decree passed in O.S.No.273 of 2002 on the file of the Principal Subordinate Court, Chengalpattu, dated 24.10.2007.

1. The defendants 1, 7 and 8 are the appellants in this Second Appeal.

2. The 1st and 2nd respondents/plaintiff filed a suit seeking for the relief of recovery of possession with respect to the “A” schedule property from the 1st defendant and for the relief of partition with respect to “B” schedule property and for allotment of 1/4th share to each of the plaintiff. The case of the plaintiff is that one K. Shanmugam (1st defendant) was the absolute owner of the suit properties. Rajammal is his first wife and Kripasankari is the second wife (4th defendant). Three sons were born out of the first wife and they are, the deceased plaintiff Jayaraman, the 2nd defendant and the 3rd defendant respectively. The 1st defendant had four children through his second wife and they are, defendants 5 to 8. Jayaraman died and his wife and daughter