This is an appeal by the first defendant S.A. Fatima Bivi Ammal against the judgement and decree dated 12th day of July, 1979 in O.S. No. 29 of 1976 on the file of the Court of the learned Subordinate Judge, Kumbakonam granting a preliminary decree declaring that the plaintiff S.A. Fatima Bivi is entitled to 1/8th panga in respect of the suit Items 1 and 2, half share in respect of suit Items 3 to 12 and for delivery of possession of suit Items 13 to 18, given in the plaint schedule. The division by metes and bounds and the ascertainment of future m6sne profits were relegated to the final decree proceedings. One month's time was granted for delivery of possession of Items 13 to 18 of the plaint schedule. In view of the relationship of the parties and in the special circumstances of the case, the parties were directed to bear their own costs in the suit.

2. The suit was laid by the plaintiff for partition for 1/8th pangu in respect of items 1 and 2. 1/2 share in items 3 to 12, for possession of items 13 to 18, for future profits and for costs of the suit.

3. The case of the plaintiff as put forward the plaint is as follows :- The suit properties originally belonged to one