(Prayer: This appeal has been filed against the judgment and decree, dated 14.03.1991, passed in O.S.No.485 of 1990 on the file of the Principal Subordinate Judge, Salem.)

The unsuccessful plaintiff in O.S.no.485 of 1990 on the file of the Principal Subordinate Court, Salem, is the appellant in the above appeal. For the sack of convenience the parties are referred to as they are arrayed in the suit.

2. The plaintiff has filed the suit seeking partition of the suit properties into four equal shares and for allotment of three shares to him and for permanent injunction against the defendant from in any way encumbering or alienating the suit properties.

3. The claim of the plaintiff is based on the plea that he was adopted by the husband of the defendant viz, Muthu Gouder and the defendant on 17.4.1978. The plaintiff is none other than the son of the brother of the defendant's husband. According to the plaintiff, while the said Muthu Gounder was alive there were ancestral properties and the same had been sold by Muthu Gounder, his parents and Muthu Gounder's brother Natesan and from that amount Muthu Gounder carried on Real Estate business and out of the huge amount earned by