JUDGMENT

This Second Appeal is filed against the judgment and decree dated

25.11.2010 passed by the Subordinate Judge, Panruti (First Appellate Court in short) in A.S.No.22 of 2010 by confirming the judgment and decree dated 03.03.2010 passed by the District Munsif, Panruti (Trial Court in short) in O.S.No.307 of 2000.

2. The appellant herein is the first defendant, the first respondent herein is the plaintiff and respondents 2 and 3 herein are the defendants 2 and 3 in O.S.No.307 of 2000.

3. For the sake of convenience, the parties herein are referred to according to their litigative status in the original suit.

4. The case of the plaintiff in brief as follows:

4.(i) The plaintiff states that, his grandfather by name Murugesa Padayachi had 5 Sons by names (1) Periyathambi (2) Rangasamy (3) Arumugam (4) Ponnusamy and (5) Bhoorasamy. Ponnusamy died as bachelor. The plaintiff's brother Rangasamy and his wife Chinnammal died without issues. The plaintiff is the Son of the said Periyathambi. The first defendant is the Son of Bhoorasamy. The second and third defendants are Sons of Arumugam. Rangasamy had no children and therefore, after his death, all his 3 brothers had divided their propert