JUDGMENT :

This Second Appeal is directed against the judgment and decree in AS. No. 28 of 2017 of learned subordinate Judge, Gudalur, modifying the judgment of the learned District Munsif, Gudalur in O.S.No.431 of 2011.

2. Respondents filed Suit in O.S.No.431 of 2011, seeking a preliminary decree for partition of 1/7th share in the suit properties and for costs. The Respondents/Plaintiffs case is that the 1st Defendant is the Mother and Defendants 2 and 3 are the brothers. The 1st Defendant's husband, Plaintiffs' and 2nd & 3rd Defendants' father is Mr.Kuttappan Aasari died during first week of August 1986, leaving Plaintiffs and Defendants as his legal heirs to succeed to his properties. Mr.Kuttappan Aasari was an absolute owner of an extent of 1.40 acres of land in Survey No.593/2 of Gudalur Village, which is the suit property in this case. After the demise of Father viz., Mr.Kuttappan Aasari, suit property was in the joint possession and enjoyment of Plaintiffs and Defendants. The Plaintiffs demanded partition by metes and bounds and requested the Defendants to effect partition. But the Defendants refused to concede to their request. Therefore, a legal notice dated 24.04.2010 was