JUDGMENT :

R. VIJAYAKUMAR, J.

Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree made in A.S. No. 25 of 2013, dated, 25.02.2019 on the file of the Additional Sub Court, Srivilliputhur, reversing the judgment and decree made in O.S. No. 292 of 2005, dated, 02.11.2010 on the file of the Additional District Munsif, Srivilliputhur.

1. The 6th defendant is the appellant.

2. The plaintiff filed a suit for declaration that the 1st schedule property belongs to the plaintiff and for recovery of possession. In the alternative, the plaintiff prayed for partition of the 2nd schedule properties and grant him 1/7th share in the suit schedule properties. The trial Court rejected the prayer for declaration and recovery of possession. But granted the alternative relief of partition of 1/6th share in 3rd item of the 1st schedule, 1/7th share in item 1 and 2 of 1st schedule and items 1 to 3 of 2nd schedule property. The trial Court dismissed the suit with regard to items 4 to 8 in the 2nd schedule property. As against the same, the 1st defendant filed A.S. No. 25 of 2013 before Additional Sub-Court, Srivilliputhur. The learned Subordinate Judge allo