JUDGMENT :

Prayer: Second appeal filed under Section 100 of C.P.C., against the Judgment and Decree dated 26.11.2007 passed in A.S.No.1 of 2004 by the Subordinate Judge, Kuzhithurai, confirming the Judgment and Decree passed in O.S.No.355 of 1993 dated 29.08.2003 by the Principal District Munsif, Kuzhithurai.

The appellant herein filed O.S No.355 of 1993 on the file of the Principal District Munsif, Kuzhithurai seeking partition of 1/10th share in the suit properties.

2. According to her, the suit properties originally belonged to her grandfather Sankili. Sankili had five sons, namely, Sankaran, Chithirai, Kochupillai, Chellappan and Palayyan. The plaintiff and the fifth defendant were born to Chithirai through the sixth defendant Mariyamma. Following the demise of Chithirai, Mariyamma got married to Chithirai's brother Kochupillai. Through that wedlock, two sons D3- Vijayan and D4-Dhas were born to her. The case of the plaintiff is that she and the fifth defendant alone are entitled to inherit the estate of their father Chithirai since their mother got married to Kochupillai.

3. D