JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree dated 24.08.2017 made in A.S. No.14 of 2016 on the file of the Third Additional District Court, Salem reversing the judgment and decree dated 27.02.2013 made in O.S. No.106 of 2009 on the file of the Sub Court, Mettur.)

1. The 10th defendant in a suit for partition and separate possession having succeeded before the Trial Court but suffered reversal findings before the First Appellate Court is the appellant before me.

2. The parties are described as per the litigative status before the Trial Court.

3. The material facts that are necessary for deciding the present Second Appeal are as hereunder :

3.1. The plaintiff states that the suit property originally belonged to one Chellappa Gounder. Through the first wife of Chellappa Gounder, he had 2 sons by name Karumalai Gounder and Sidha Gounder; through second wife he had one daughter by the name, Sembayee and one son by the name Arjuna Gounder; through his third wife he had two sons, Kulanthaipaiyan and Nachiappan.

3.2. According to the plaintiff, on 12.12.1940, there was a partition between Chellappa Gounder and his