The defendant has preferred the appeal challenging the judgment and decree dated 3. 2004 made in O.S.No. 6189 of 2001 on the file of the Court of the Additional District Judge, Fast Track Court-IV, Chennai.

2. The respondent herein filed the suit seeking for a preliminary Decree for division of the plaintiffs half share in the plaint A and B schedule properties by metes and bounds and to pay a sum of Rs.1,19,000/-towards past mesne profits and future mesne profits at the rate of Rs.5/- per sq.ft. till the date of handing over possession of the plaintiffs share in A schedule property and for costs of the suit. Briefly, the case of the plaintiff is that her second son C.R.Vijayakumar expired on 19. 1998 at Chennai leaving behind his wife Anuradha, the defendant, and his mother Amurtha, the plaintiff, as legal heirs and he had no issues and at the time of death, he possessed of a flat in which the defendant resides and the plots at Pillaipakkam village, Sriperumbudur taluk more fully described in the plaint schedule. According to the plaintiff, she as mother of the deceased, and the defendant as widow of the deceased are entitled to half share each in the estate of Late Vijay