R. BANUMATHI,J

1. This Appeal arises out of the judgment and decree dated 31. 2003 made in O.S.No.104 of 2001 on the file of Additional District Judge -cum- Fast Track Court, Coimbatore dismissing the Plaintiff/Appellants suit for specific performance. The unsuccessful Plaintiff is the Appellant. For convenience, the parties are referred in their original rank in the suit.

.2. The suit was originally filed before the Sub-Court, Coimbatore and numbered as O.S.No.1272 of 1995 and later transferred to the Additional District Judge -cum- Fast Track Court, Coimbatore and re-numbered as O.S.No.104 of 2001. The suit property and other properties originally belonged to late Kuppuswamy Chettiar – the father of Defendants. He died intestate on 26. 1968. After the death of Kuppuswamy Chettiar, his widow – D.K.Saraswathy and his children partitioned the properties under registered partition deed dated 6. 1975. Since then Defendants and their mother D.K.Saraswathy have been in peaceful possession and enjoyment of the suit property. The Government of Tamil Nadu desirous of acquiring the suit property for the purpose of housing Coimbatore Central Post Office issued 4(1) notification t