This appeal has been directed against the decree and judgment in O.S.No.983 of 1996 on the file of the IV Additional Judge, City Civil Court, Chennai. The plaintiff has filed the suit for partition and for mesne profits.

2. The averments in the plaint sans irrelevant particulars are as follows:-

The plaintiff, first defendant and second defendant are the children of one Saradhambal, who got the plaint schedule property bearing No.109, Bazaar Road, Periapattai, Mambalam Zamin, Saidapet, Madras-15, under a settlement deed dated 05.02.1953. There was a mortgage over the said property, which was to be discharged by the settlee. Mrs. Saradhambal, the settlee under the settlement deed dated 05.02.1953 had discharged the mortgage and she was in possession and enjoyment of the suit property till her death on 12.05.1980. Before her death she had put up the first floor and had rented out the front portion of the suit property to various tenants. She was getting a monthly rent of Rs.250/- from her tenants, besides that she was also getting Rs.75/- per month towards rent from the shop. Totally Saradhambal was getting Rs.600/- per month towards rent from her tenants. The first defendant