1. This Appeal has been preferred against the decree and judgment passed in O.S. No.125 of 1988 on the file of the Subordinate Court, Gobichettipalayam. The fifth Defendant in the Suit is the appellant herein.

2. Theshort facts relevant for the purpose of deciding this Appeal are as follows:

2(a). The first Defendant is the mother of the plaintiff. The second Defendant is the brother of the plaintiff and the third Defendant is the wife of the second Defendant. The fourth and fifth Defendants are the children of the 2nd and 3rd Defendants. The plaint schedule item No.1 and 2 are at Vellala Palayam vllage. The plaintiff’s father Ramasamy Gounder had purchased the plaint schedule item properties on 21.2.1975 in his name as well as in the name of minor 5th Defendant. The plaint schedule item No.2 property was purchased by Ramasamy Gounder on 20.4.1959 and also on 28.10.1968. The above said deeds were taken by Ramasamy Gounder out of his own income. The plaint schedule properties are self acquired properties of Ramasamy Gounder.

2(b). The plaintiff’s father Ramasamy Gounder was lying instooper from October 1987 in an unconscious state, and he died on 13.12.1987. During the