JUDGMENT

(Prayer: Second Appeal filed under Section 100 of C.P.C., against the Judgment and Decree dated 07.12.2012 in A.S.No.39 of 2011 on the file of the Principal District Court, Villupram, as confirmed by the Judgment and Decree dated 23.12.2010 in O.S.No.3 of 2005 on the file of Subordinate Court, Gingee.)

1. The defendants 12, 15 to 18 are the appellants in this Second Appeal.

2. The 1st respondent/plaintiff filed the suit seeking for the relief of partition and for allotment of 1/3rd share in the suit properties and for rendition of accounts by the 2nd defendant.

3. The case of the plaintiff is that the “A” Schedule property was left behind by Elumalai Gounder and the plaintiff and defendants 1 & 2 being his sons are entitled to the said property. The further case of the plaintiff is that the plaintiff and the 1st defendant were living away from the property in view of their avocation and initially the property was under the control of the mother and thereafter, it came into the absolute control of the 2nd defendant. The further case of the plaintiff is that the “A” Schedule property yielded sufficient income. The “B” Schedule property initially stood in the name of the mother a