JUDGMENT: Kaliammal, the plaintiff/appellant, having lost in both the courts below, has approached this Court by filing this second appeal.

2. The appellant filed a suit against the defendants claiming for partition and separate possession of plaintiff’s 1/3rd share in the suit property and for mesne profits. The trial court, after trial, dismissed the suit holding that the necessary party has not been added and the suit is barred by limitation. Aggrieved by the same, the appellant filed an appeal before the lower appellate court, which, in turn, also dismissed the appeal, while confirming the judgment and decree of the trial court.

3. The case of the plaintiff is this:

"The suit property belonged to plaintiff’s father Philips, who died 10 years back leaving behind him, his son by name Kannan and two daughters Kaliammal (plaintiff) and Muruvayee as heirs to his property. After the death of their father, the plaintiff, Muruvayee and Kannan were in possession and enjoyment of the property. After her marriage, the plaintiff was living with her husband. In the meantime, the plaintiff’s brother Kannan sold the suit property to Karuppan, the first defendant. He also obtained a release deed

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