1. The above first appeal arises against the judgment and decree in O.S.No.34 of 2007 on the file of the Additional District Court cum Fast Track Court No.1, Erode.

2. The first defendant is the appellant, the first respondent was the plaintiff and the second respondent was the second defendant in the suit.

3. The plaintiff filed the suit in O.S.No.34 of 2007 for partition, permanent injunction and for possession.

4. The plaintiff, who is the first respondent in the appeal has filed the above Cross Objection challenging the finding of the trial Court in paragraph-37 of the judgment holding that the Schedule 3 & 4 of the suit properties are joint family properties.

5. The brief case of the plaintiff is as follows:

(i) According to the plaintiff, she is the daughter of Late V.T.A.Marimuthu Chettiar. The first defendant is her younger brother and the second defendant is her younger sister. The plaintiff and defendants' grandfather Late T.Arumugam Chettiar was running an Oil Mill and his son Marimuthu Chettiar was also along with his father engaged in the business. Arumugam Chettiar out of his own business purchased several properties at Chithode and one house at Erode.