Raju. J.

The above appeal has been filed under Clause 15 of the Letters Patent against the judgment of the learned Single Judge of this Court dated 23. 1994 in,A.S.No.454 of 1982 whereunder the learned Judge has chosen to allow the appeal, in part which has been filed by the defendants in O.S.N0.138 of l980 on me file of Sub Courts, Cuddalore, confirming the judgment of the trial Court in respect of other portion.

2. The appellant in the appeal, who is the daughter of one Kesava, Padayachi and, Solaianimal, the 1st defendant herein, is also the sister of the 2nd defendant. She filed a suit for partition and separate pos-session of her l/3rd share in suit schedule properties.Tthe suit A schedule property comprised four parts consisting of various items of immovable properties and suit B schedule consisting of movables as described therein.

3. The case of the plaintiff as per the averments in the plaint is that the suit properties belonged to her father Kesava Padayachi who died on 30.5.1979, mat the plaintiff and the 2nd defendant are the daughter and son of the said Kesava Padayachi and the 1st defendant and mat Kesava Padayachi died intestate. The further case of the