JUDGMENT :

This Second Appeal is filed challenging the judgment and decree in A.S.No.131 of 2014, which reversed the order passed in E.A.No.4943 of 2006 in E.P.No.1848 of 2003 in O.S.No.2888 of 1973.

2. One A.K.Balakrishna Pillai filed a suit for partition and separate possession of the suit properties in O.S.No.2888 of 1973 against A.C.Kannan Pillai and others. The case in the partition suit, in brief, is that A.K.Balakrishna Pillai is the son of A.C.Kannan Pillai, first defendant and brother of A.K.Vasudeva Pillai, second defendant. They constituted undivided joint Hindu family. First defendant was allotted properties through a partition deed dated 21.05.1940. The properties allotted in the partition were enjoyed jointly by the joint family members and by the joint efforts and out of joint family nucleus, 'B' schedule properties in the suit were purchased. Whole 'A' schedule properties were allotted in the partition dated 21.05.1940 and 'B' schedule properties were purchased from the income derived from the joint family properties and the joint efforts made by the joint family members. As a joint family member, plaintiff is entitled for 1/3 share and thus, he filed a suit for part