JUDGMENT :

Prayer : Second Appeal filed under Section 100 of Code of Civil Procedure, against the judgment and decree of the Subordinate Judge, Palani dated 22.11.2010 in A.S.No.27 of 2006 confirming the judgment and decree passed by the District Munsif, Palani dated 31.01.2006 in O.S.No. 877 of 1990.

The plaintiffs, who laid a suit for partition in O.S.No.877 of 1990, for partitioning four items of properties, having lost it successively both before the trial Court and before the first appellate Court in A.S.No.27 of 2006, are the appellants herein. For narrative convenience, the parties would be referred to as per their rank before the trial Court.

Pleadings:

2.1 There is hardly any difference between the parties on the material facts on which the plaintiffs have found the cause for their action. They are as below:

Certain Karupanna Gounder and Nallappa Gounder were brothers. Their ancestors owned items 1 to 3 properties described in the plaint. These are agricultural lands. This apart there are other properties that these brothers owned, regarding which there was an oral partition between them. In this partition, suit item 4 property comprises of a house plus vacant site in which Kar