1. Appeal Suit (First Appeal) is preferred against the judgment and decree dated 10.8.2006 in O.S.No.74 of 2003 on the file of the Additional District Court/Fast Track Court No.1, Erode.

2. The averments in the plaint are as follows:

(a) The first defendant and his four brothers are the owners owning ancestral properties as well as the properties jointly purchased by them. There had been no partition among them so far as these properties are concerned. Therefore, the first defendant is entitled to own 1/5 share in all the suit properties mainly comprising house-sites, vacant-sites and building.

(b) The first defendant has got only son, by name K.K.Viswanathan and they are living together as a member of the joint Hindu family. The first defendant being the Kartha-Manager of the said family, was managing the business in the name and style of Narmada Fabrics. His son Viswanathan was a member of a political party.

(c) The first defendant sustained considerable loss in the textile business. He had been purchasing yarn on credit from various parties. So, he was owing much debts to several parties. He was under the pressure to repay the debts. Therefore, on 10.6.2002, the first d