S.K. Krishnan, J.

Aggrieved by the judgment and decree dated 29.11.2002 passed in A.S.No.139 of 2001 by the Second Additional District Judge, Coimbatore, the plaintiff has preferred this appeal.

2. The facts-in-brief leading to the filing of this appeal are as follows:

a. Originally, the appellant/plaintiff has filed a suit in O.S.No.262 of 1988 before the learned Subordinate Judge, Tiruppur for partition and separate possession.

b. The first and fourth defendants in the suit are father and mother of the plaintiff respectively. The second and third defendants are the brothers of the plaintiff.

c. On the basis of oral and documentary evidence, the learned Subordinate Judge, Tiruppur, passed a preliminary decree holding that the plaintiff is entitled for 1/5th share in the plaint schedule properties and therefore, 1/5th share in all the schedule properties be handed over to the plaintiff.

d. Thereafter, the plaintiff filed an application in I.A.No.893 of 1992 before the trial Judge, for passing a final decree. After hearing the both sides, the learned Subordinate Judge, passed a final decree holding that the plaintiff is entitled for 'A' schedule properties.

e. As against th