Plaintiffs in O.S.No.37 of 1981 on the file of Subordinate Judge, Tindivanam are the appellant herein. They filed the said suit for passing a preliminary decree for partition and separate possession of their 3/5th share in Schedule A, B, C and D properties. The learned Subordinate Judge on appreciation of oral and documentary evidence, by the impugned judgment and decree dated 1.9.1988, dismissed the suit; hence the present appeal by the plaintiffs.

2. The case of the plaintiffs as set out in the plaint are briefly stated hereunder: The plaintiffs are the daughters and defendants 1 and 2 are the sons of one deceased Ponnia Mudaliar and his wife Unnamalai Ammal. Third defendant is the son of the first defendant. Unnamalai Ammal, mother of the plaintiffs and defendants 1 and 2 died intestate on 20.5.1978 leaving behind her surviving husband Ponnia Mudaliar, plaintiffs and defendants 1 and 2 as her legal heirs. Ponnia Mudaliar died intestate on 23.4.1979 leaving behind the plaintiffs and defendants 1 and 2 as his legal heirs.

3. Even during the life time of Ponnia Mudaliar, the joint family immovable properties and other properties acquired in the name of Ponnia Mudaliar and