JUDGMENT

Heard the learned counsel on either side.

2.The defendants in O.S.No.322 of 2008 on the file of the Additional District Munsif Court, Padmanabapuram are the appellants in this Second Appeal. The respondent herein filed the said suit seeking the relief of partition and separate possession. The trial Court granted preliminary decree as prayed for. The first appellate Court also confirmed the same. The question that arises for consideration is whether the second appeal deserves to be admitted by formulating the substantial question of law.

3. The basic facts are not in dispute. The suit property originally belonged to one Subramoniam Nadar. After his demise, it devolved on his wife Kochamma Nadachi and son Ponnumuthu Nadar. It is not in dispute that the mother and son jointly executed a mortgage in favour of one Bagavathi vide Ex.B1 dated 12.04.1954. The said Bagavathi passed away and her legal heirs sold the mortgage right in favour of one Bagiyam vide Ex.B3 dated 30.05.1962. Bagiyam in turn sold the same in favour of the first defendant (Chenbagam) who none other than the wife of Ponnumuthu Nadar vide Ex.B.5 dated 03.04.1963. The defence of Chenbagam was that the original mor