JUDGMENT

The appellants have filed this Second Appeals against the Judgment and decree passed in A.S.No.9 of 2023, dated 15.02.2024, by the learned Subordinate Judge, Mettupalayam, by confirming the Judgement and decree in O.S.No.295 of 2009 dated 06.04.2022 passed by the learned District Munsif, Mettupalayam.

2. For the purpose of convenience, the parties herein are referred to as they were ranked in the suit.

3.The appellants herein are the plaintiffs in O.S. No. 295 of 2009 on the file of the District Munsif Court, Mettupalayam. The plaintiffs, who are the son and mother, legal heirs of one Velliangiri, filed the above suit for partition against seven defendants, claiming a 3/10th share in the suit properties. The suit properties include Item 1: agricultural lands along with a well, and Item 2: a house bearing Door No.17, Kembanchavudar Street, Karamadai Town, Mettupalayam Taluk, Coimbatore District.2\26

4. The first defendant, Krishnamal, claimed a 1/4th share in the suit properties, contending that the properties are the ancestral properties of one Nanjappa Gowder @ Nanjaya Gowder, who died leaving behind his wife and four sons, namely, the first defendant, Easwaran, Velliangiri,