1.Challenge in this second appeal is to the concurrent Judgments and decrees passed in Original Suit No.66 7 of 1993 by the Principal District Munsif Court, Padmanabhapuram and in Appeal Suit No.4 5 of 199 8 by the Sub Court, Padmanabhapuram.

2. The appellant herein as plaintiff has instituted Original Suit No.667 of 1993 on the file of the trial Court praying to pass a preliminary decree of partition with regard to her 1/3 share over the suit property, wherein the present respondents have been shown as defendants.

3. In the plaint it is averred that the suit property is originally belonged to Savarimuthu and he passed away leaving behind him, his two daughters namely plaintiff and second defendant herein and only son, who has been arrayed as first defendant. Prior to thirty years, marriage of the plaintiff has been performed and now she is living just ten Kilometres away from suit Village. The first defendant is nothing, but a confirmed bachelor. After the demise of father, the first defendant has been enjoying the suit property for himself and on behalf of the plaintiff and second defendant. Since the first defendant has had acted against the interest of the plaintiff, the