JUDGMENT: This second appeal has arisen from the judgment and decree of the learned Additional District Judge, Periyar District at Erode made in A.S.No.169 of 1986, dated 25.10.1988 confirming the judgment and decree dated 5.9.1986 of the learned Subordinate Judge, Gobichettipalayam made in O.S.No.61 of 1985.

2. The respondents 1 to 4 filed a suit for partition and separate possession of the plaint mentioned properties with the following averments. The first plaintiff and first defendant were sisters and were daughters of one Pachiappa Nadar while the defendants 2 and 3 were the sons of the first defendant. The second plaintiff and the plaintiffs 3 and 4 were the daughters and sons of one Palaniammal who was another daughter of Pachiappa Nadar, who has got two sons by name Meyappan and Kunjaram. The plaintiffs 2 to 4 have brother by name Ravindran who were not added as parties since they were involved in a murder case. Pachiappa Nadar died under suspicious circumstances and the defendants who were enemically disposed with Meyyappan and Kunjaram had implicated them for the cause of the death of Pachiappa Nadar, in a murder case. Pachiappa Nadar and Chenniappa Nadar had divided the an

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