(Prayer: This Appeal has been fiiled against the Judgment and Decree dated 28.02.1992, passed in O.S.No.21 of 1990 on the file of the Subordinate Court, Chidambaram.)

This appeal has been preferred against the decree and judgment passed in O.S.No.21 of 1990 on the file of the Subordinate Court, Chidambaram.

2. The brief facts of the case of the plaintiffs are as follows:-

2(a) The suit is filed for partition of the plaintiffs’ ¾th share in the suit property. The suit property is an house situated at South Vaaniya Street, Chidambaram. The suit property originally belonged to one Rathinam Padayatchi. His mother Parasakthi Ammal executed a settlement deed in respect of the suit property in favour of Rathinam Padayatchi on 15.06.1949. In pursuance of the settlement deed the said Rathinam Padayatchi was in possession of the property. The said Rathinam Padayatchi died in the year 1961 leaving the plaintiffs and first defendant as his heirs.

2(b) The first plaintiff and first defendant are the sons of the said Rathinam Padayatchi. The second plaintiff is the wife and the third plaintiff is the daughter of said Rathinam Padayatchi. As per the Hindu Succession Act, the plaintiffs 1