JUDGMENT

Dr.G.Jayachandran, J.

The appeal is against the judgment and decree passed by the Court below in O.S.No.129 of 2004, on the file of Additional District Judge, Dharmapuri.

2. The plaintiffs, claiming to be the son of Munusamy Gounder born to his second wife, Kullammal had instituted a suit for partition against the defendants, who are descendants of Munusamy through his first wife, Pappathiammal.

3. Plaint averments in brief:

According to the plaintiffs, their father Munusamy had two wives since the first wife, Pappathiammal, had only daughter, to have a male issue Munusamy Gounder married their mother Kullammal in the year 1928 with the consent of his first wife. The suit properties are ancestral properties devolved upon Munusamy Gounder and were held as joint family properties till his death on 23.11.1975. Since Munusamy Gounder died intestate, the plaintiffs and defendants are entitled for shares in the properties. In s