(1.) THE 2nd defendant is the appellant.This Second Appeal is directed against the decree and judgment dated 10.04.2001 passed by the learned II Additional Subordinate Judge, Villupuram, in A.S.No.79 of 1997, whereby the decree and judgment dated 31.03.1997 passed by the learned District Munsif, Villupuram, in O.S.No.1174 of 1994 were modified.
(2.) THE 1st respondent herein and his brother are the plaintiffs, who filed the suit in O.S.No.1174 of 1994 on the file of District Munsif Court, Villupuram, against the 2nd respondent and the appellant herein as the defendants, for a declaration that the plaintiffs are entitled to the suit 'A' schedule properties and for delivery of possession of the same or, in the alternative, to pass a preliminary decree for partition and separate possession of the plaintiffs' half share in 'A' schedule properties and also for a direction to the 2nd defendant to pay the sum of Rs.6000/- as past mesne profits and also the future mesne profits.
(3.) ON the basis of the above said pleadings, the trial court has framed ten issues and in order to prove the case of the plaintiffs, P.Ws.1 and 2 were examined and Exs.A-1 to A-4 were marked and on the side of the defendants, D.Ws.1 to 3 were examined and Exs.B-1 to B-14 were marked and the trial court, on a consideration of the entire evidence on record both oral and documentary, had granted the relief of partition and separate possession of the plaintiffs half share in 'A' schedule properties and dismissed the relief of past mesne profits with a direction to the plaintiffs to file a separate application for future mesne profits under Order 20 Rule 12 C.P.C. As against the judgment of the trial court, the 2nd defendant, through his power agent, filed an appeal in A.S.No.79 of 1997 before the II Additional Sub Court, Villupuram, whereby the judgment and decree of the trial court were modified to the effect that the plaintiffs were entitled to 2/3rd share in the suit properties. Aggrieved by the judgment of the appellate court, the 2nd defendant has filed this second appeal. During the pendency of the 1st appeal, the 1st plaintiff died.