JUDGMENT

(Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree of the learned Subordinate Judge, Namakkal dated 31.03.2011 made in A.S.No.23/2008 reversing that of the learned Additional District Munsif, Namakkal dated 23.01.2007 made in O.S.No.1078/1989.)

1. The defendant in the suit was the appellant in this Second Appeal. On his demise, his second wife and two children born through her have been substituted as appellants.

2. The respondent/ plaintiff filed the suit seeking for the relief of partition and for allotment of half share in the suit properties. She died during the pendency of this Second Appeal and her daughters born through the appellant have been impleaded as the legal representatives of the deceased respondent.

3. The case of the plaintiff was that she was the legally wedded wife of the defendant and out of the said wedlock, one son and two daughters were born. The son named Annadurai alias Mathiazhagan predeceased them. The further case of the plaintiff was that the suit properties are ancestral properties in which the defendant and the predeceased son were entitled for half share. It is further alleged that the