JUDGMENT

This Second Appeal has been filed challenging the the judgment and decree of the District Judge, Tiruvannamalai in A.S.No.4 of 2009 dated 25.08.2009, reversing the judgment and decree of the Principal Sub Judge, Tiruvannamalai in O.S.No.46 of 2007 dated 16.12.2008.

2. The appellant is the plaintiff in the suit. The suit has been filed seeking preliminary decree for partition of plaintiff's 2/3 share in the suit property. The trial Court decreed the suit and passed a preliminary decree as prayed. The defendants have preferred the first appeal challenging the judgment of the trial Court. The appeal has been allowed and the judgment and decree of the trial Court has been modified by reducing the share from 2/3rd to 1/3rd share. Aggrieved over that, the plaintiff has preferred this second appeal.

3. The short facts pleaded in the plaint are as follows:

The suit property belonged to one Kuppaiya Pilla and he was in possession of the property as an absolute owner. He died intestate leaving his three sons namely Ponnusamy Pillai, Vasudeva Pillai and Manikkam Pillai and subsequent to his death, these three sons have inherited the property and they were in enjoyment of the same. Ponnus