JUDGMENT

This Second Appeal has been filed against the judgment and decree dated 12.06.2017 in A.S.No.88 of 2016 on the file of the Principal District Court, Erode, reversing the judgment and decree dated 15.07.2016 in O.S.No.45 of 2010 on the file the Sub Court, Gobichettipalayam. 2.The defendants in the suit for partition are the appellants herein.

3.The parties are described as per their litigating status before the Trial Court.

4.The plaintiff filed the suit seeking partition and separate possession of 7/36 share in the suit properties, namely, Item Nos.1 and 2. The case of the plaintiff is that the 1st defendant is the father of the plaintiff and the defendants 2 to 5 and that they were members of a Hindu Joint Family.

Accordingly to the plaintiff, both the above said Items of the properties were joint family properties and undivided. Though both the Items were purchased in the name of the 1st defendant, father, in the year 1973 (Item – 1) and between 1978 and 1981 (Item – 2), the definite case of the plaintiff was that the properties have been purchased out of the joint earnings of the plaintiff and the defendants and that the plaintiff was also cultivating the properties on lea