Second Appeal filed under Section 100 of Civil Procedure Code of second appeal against the Judgment and Decree dated 312. 1997, made in A.S.No.84 of 1994 on the file of the Court of I Additional District Judge cum-Chief Judicial Magistrate, Coimbatore reversing the Judgment and Decree dated 09.02.1994 made in O.S.No.874 of 1989 on the file of the Court of III Additional District Munsif, Coimbatore.

2. The suit was filed seeking partition of the suit property into three equal shares by metes and bounds and to allot one such share to the plaintiff.

.3. The first respondent/plaintiff has alleged in the plaint that the suit property bearing T.S.No.752/5 measuring 1.46 acres at Kalapatty Village in Coimbatore Taluk, absolutely

.belonged to the plaintiffs mother Chinamarakkal. She died on 02.03.1982. The defendants 1 and 2 and the plaintiff, who are the daughters and son of Chinamarakkal respectively. As she died intestate, each one is entitled to one-third share in the suit property. The third defendant is none other than the husband of the second defendant. On 13.06.1961 Chinamarakkal executed an usufructuary mortgage in favour of the third defendant for a sum of Rs.1,500/-