This appeal is directed against the judgment and decree dated 30.09.1994 made in O.S.No.198 of 1990 on the file of Sub Court, Udumalpet.

2. The appellant herein was the plaintiff in the suit before the Trial Court and the suit was filed for partition of the schedule mentioned properties of the plaint.

3. It is an admitted fact that the appellant/plaintiff and the first respondent/first defendant are brothers and also sons of one Abdul Raheem. The second respondent is the wife and the third respondent is daughter of the said Abdul Raheem, who died on 07.04.1990.

4. According to the appellant/plaintiff, the said Abdul Raheem died intestate leaving the schedule of properties, described in the plaint. Though the respondents 1 to 3 have admitted their relationship and the relationship of the appellant with the deceased Abdul Raheem, they have alleged in the written statement that late Abdul Raheem had executed two settlement deeds marked as Exs.B.1 and B.2 in favour of the first respondent. They have also disputed the existence of the properties described as item Nos.3 to 6 in the schedule of property. It is seen that item No.3 is stated as a vacant site of 9 cents in Anamalai