JUDGMENT :

THE HONOURABLE MR. JUSTICE S.SOUNTHAR

PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 26.04.2011 passed in A.S.No.84 of 2009, on the file of the Additional District Court, Gobichettipalayam (Fast Tract -2) reversing the judgment and decree dated 31.10.2008 passed in O.S.No.70 of 2004 on the file of the 1st Additional Subordinate Court, Gobichettipalayam.

The defendant in the suit for partition is the appellant. The deceased 1st respondent filed the suit for partition claiming 6/7 share in the suit properties. The suit was dismissed by the Trial Court. The first appeal filed by the 1st respondent was allowed granting 31/56 share in the suit properties. Aggrieved by the same, the defendant has come by way of this second appeal. Pending second appeal, the 1st respondent died and his legal representatives were brought on record as respondent 2 to 4.

2. According to the deceased 1st respondent/plaintiff, the suit properties belong to her father Chinaa Gounder. He had two wives by name Senior Karuppayal (first wife) and Junior Karuppayal (second wife). He got a daughter Ammasiammal through first wife Senior Karuppaya