1. The Appeal Suit (First Appeal) is preferred against the judgment and decree dated 28.11.2006 in O.S.No.36 of 2005 on the file of the Additional District Court (Fast Track Court No.2), Salem.

2. The averments in the plaint are as follows:

(a) The suit properties originally belongs to one Kuppusamy Chettiar. He executed a Will dated 12.5.1969 and he died in 1975. As per the Will, the defendants are in possession and enjoyment of the properties in their own right. The defendants 2 and 4 are the brothers and are jointly doing silver ornament manufacturing business.

(b) The defendants divided the suit properties into four portions and leased out the same on usufructuary mortgages (nghf;fpag;gj;jpuk;) separately to: (i) Gurumurthy for Rs.70,000/-, (ii) R.Ganesan for Rs.70,000/-, (iii)A.Prabhakaran for Rs.70,000/- and (4) S.Selvam for Rs.60,000/-, totally for Rs.2,70,000/-. The defendants represented that they have also indebted to third parties.

(c) The second defendant who is maintaining the entire family, approached the plaintiff and decided to sell the properties for good price. The second defendant stated that in order to sell the suit properties, the defendants are join