JUDGMENT

Challenge in this second appeal is made to the judgment and decree dated 03.04.2006 passed in AS No.6 0f 2005 on the file of the Additional Subordinate Court, Myladuthurai, modifying the judgment and decree dated 26.02.2004 passed in O.S. No.168 of 1997 on the file of the District Munsif Court, Sirkali.

2.For the sake of convenience, the parties are referred to as per their rankings in the trial court.

3. The first defendant in OS.No.168 of 1997 is the appellant in the Second Appeal. 4.Suit for partition.

5. Briefly stated, the case of the plaintiffs, in brief, is that the deceased first plaintiff is the brother of the defendant and the suit property belongs to the deceased first plaintiff's mother, namely, Rajammal, by way of the sale deed dated 30.11.1955, and Rajammal had three sons, namely, the deceased first plaintiff, Thairiyam and A. Edward, the first defendant. Rajammal's husband died long back and Rajammal died on 01.08.1976 leaving her three sons as her legal heirs. Thairiam died on 19.06.1997 without any issue. Hence, the deceased first plaintiff and the defendant become entitled to each 1/2 share in the suit property. The defendant is in the possession and enjoymen