1. This Civil suit filed under Order VII Rule 1 of C.P.C. read with order IV Rule 1 praying to pass preliminary decree for partition and separate possession of plaintiffs 1/3th share in the suit schedule property; that to pass a final decree by appointing a Advocate Commissioner to divide the suit property by meet and bounds as per the preliminary decree; that to allot plaintiffs 1/3rd share so divided and put the plaintiff into possession of the same through Court; that to determine the future mesne profit under Order XX Rule 12 of C.P.C. and that to award the cost of the suit.

2. The plaint averments in nutshell are as under:-

2.1. It is the case of the plaintiffs that they are the legal heirs of his grand father, namely, K.M.Vasudevan, who died intestate in 1950, leaving his three sons and they inherited all the properties and they were in enjoyment and possession thereof as co-owners. The said K.M.Vasudevan was a member of the Madras Co-operative House Construction Society and entered into hire purchase agreement with it to purchase the suit property. However, after paying eight installments he died in 1950 and on his death, the first defendant became the Kartha of the