(Appeal filed under Order 36 Rule 1 of the Original Side Rules against the judgment of the learned single Judge dated 10.4.2001 in C.S.No.911 of 1999.)

P.K. Misra, J

Plaintiffs are the appellants.

2. Plaintiffs are the daughters of one Sundaraja Naicker, whereas the defendants 1 and 2 are the sons and the third defendant is the widow of such Sundaraja Naicker. The suit was filed for partition and injunction. During pendency of the suit, third defendant died. After the death of Defendant No.3, the plaintiffs claimed 1/8th share each in the property and proportionate mesne profits. Sundaraja Naicker died on 9.8.1975. According to the plaintiffs, the disputed property was purchased by Sundaraja Naicker from out of his own earnings and thus his separate property, and the plaintiffs are entitled to equal share as that of the sons, namely, the defendants 1 and 2. The defendants in their written statement, while not disputing the relationship between the parties, have contended that the property in question was the joint family property of the defendants along with their father and therefore after the death of Sundaraja Naicker, the plaintiffs together are entitled to 1/4th share