After hearing both counsel on 05.12.2003, we have reserved the Appeal for judgment. During discussion on 09.12.2003, we have differed in our views and there was difference of opinion between us in the matter. Therefore, I have rendered my separate judgment giving reasonings after settingforth the pleadings and findings of the trial court and also the contentions of the parties.

In this Appeal, I have also received two additional documents in CMP No.10477/2003 as additional documents (Exs.B-10 and B-11) for the reasons set forth infra in the judgment.

Per Mrs. R.Banumathi, J.

This Appeal arises out of judgment and decree of VII Additional Judge, City Civil Court, Chennai in O.S.3053/1998 dated 24.04.2002. Plaintiff is the Appellant. D2 and D5 have preferred the Cross Objection.

2. The Appeal arises on these common grounds;-

The dispute relating to Suit Properties:-

'A' Schedule - residential house at No.19, Mandaveli;

'B' Schedule - a Lodge bearing Door No.9, Nallathambi Mudali Street, Triplicane.

Suit for Partition of 1/4th share of 'A' and 'B' Schedule Property was decreed. However, finding that 'A' schedule Property being the residential house, under Section 23 of Hindu Succ