N.V.BALASUBRAMANIN, J.

This appeal arises out of a suit for partition.

2.The appellant is the defendant and the respondent in the appeal is the plaintiff. The appellant and the respondent are the brother and sister and the parties are hereinafter referred to as arrayed in the plaint. The plaintiff filed the suit for partition claiming 50% of the share in the suit property and for mesne profits and for other incidental reliefs. The case of the plaintiff is that the suit property belonged to her mother Ellammal, which was purchased by her by two registered deeds of sale dated 27.5.1938 and 2.5.1939. According to the plaintiff, her mother Ellammal was in possession and enjoyment of the suit property and she has also put up superstructure and she was the absolute owner of the suit property and she was in enjoyment of the suit property till her date of death on 18.10.1976. She has stated that Ellammal died intestate leaving behind the plaintiff and the defendant to succeed to her estate and the plaintiff is entitled to half share and the defendant,her brother is entitled to the other half share in the property. She has stated that it became difficult to enjoy the property as