JUDGMENT

This Second Appeal has been filed to set aside the Judgment and Decree dated 28.09.2012 in A.S.No.45 of 2011 on the file of the learned Principal District Judge, Villupuram confirming the Judgment and Decree dated

25.04.2011 in O.S.No.1 of 2009 on the file of the learned Sub Judge, Gingee.

2. The plaint averments in brief are as follows:-

2.1. The Plaintiff and Defendants 2 and 3 are the children born to the first Defendant Mangathammal and Ranganatha Gounder. They constituted a Hindu Joint family. The properties mentioned in the suit are joint family properties consisting of Plaintiff and his father Ranganatha Gounder. The said Ranganatha Gounder had some ancestral properties derived out of oral partition made among his brothers. The ancestral properties were fertile lands equipped with good water source and as such surplus income was available. Item Nos.1 to 5 of the suit properties are the joint family ancestral properties. On 1.5.1966, the father of the Plaintiff, Ranganatha Gounder, sold an Item of ancestral properties extending to 1 acre 21 cents to one Muniya Kounder showing himself as the guardian for the Plaintiff. Out of the above sale proceeds, Item No.6 was purchas