JUDGMENT

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 28.11.2014 in A.S.No.04 of 2014 on the file of the Subordinate Judge of Arni in confirming the judgment and decree dated 22.07.2013 in O.S.No.498 of 2004 on the file of the District Munsif at Arni.)

1. The defendant is the appellant in this Second Appeal.

2. The respondent/plaintiff filed a suit seeking for the relief of partition of the suit properties and for allotment of half share in favour of the plaintiff.

3. The case of the plaintiff is that the properties were originally owned by Chinnadurai Mudaliar through a registered sale deed dated 05.01.1972. He executed a Will on 09.05.1977, marked as Ex.A6 and he bequeathed the property in favour of the Male heirs of his nephews Purusothaman and Murugesa Mudaliar. The plaintiff is the son of Purusothaman and the defendant is the wife of Murugesa Mudaliar.

4. The further case of the plaintiff is that the above said Chinnadurai Mudaliar died on 03.09.1977 and as a consequence, the property was jointly enjoyed by Purusothaman and Murugesa Mudaliar. Thereafter, the plaintiff was born in the year 2003. It is stated that