JUDGMENT :

(R. Subramanian, J.)

(Prayer : Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree dated 05.06.2013 made in A.S.No.8 of 2013 on the file of Principal District Court, Erode confirming the findings of the judgment and decree dated 21.07.2011 made in O.S.No.262 of 2010 on the file of Principal Sub Court, Erode.)

These Appeals have been posted together since a common question relating to validity of a document styled as a Partition Deed dated 29.05.1961, entered into between the parties to these Appeals, arises for consideration in both the appeals.

2. The facts leading to the Appeals are as follows:

One Muthiyalu Naicker, had two sons Periya Mara Naicker and Mara Naicker. They constituted a joint Hindu family and it was possessed of various properties. Periya Mara Naicker had three sons by name Periya Chenna Naicker, Mutha Naicker and Chenna Naicker. Mara Naicker had one son by name Mutha Naicker and a daughter Rangammal. Two sons of Periya Mara Naicker viz. Periya Chenna Naicker and Mutha Naicker launched a suit in OS No.68 of 2007 seeking partition and separate possession of their 4/16th share in the suit properties, cl