This Second Appeal is directed against the final decree proceedings passed I.A.No.43 of 2007 in O.S.No.15 of 1992 on the file of the Sub-Court, Ambasamudram.

2. The relevant facts which are necessary for deciding the above Second Appeal are as follows:-

One Aiyapillai and Paramasivam were brothers. The said Paramasivam had two wives and the plaintiff and the fourth defendant were born through his first wife Piramuammal. The defendants 1, 2 and 3 were born through the second wife Chellammal. The said Paramasivam died in the year 1979. The suit was filed by the plaintiff in the year 1983 for partition of her 1/5th share. According to the plaintiff, the suit schedule properties were acquired by her father Paramasivam on his own. He was doing business in Srilanka, earned money and came to India and purchased the suit schedule properties in his name and also in the names of the defendants 1 to 3, who are the sons.

3. It is the further case of the plaintiff that though the properties were purchased in the names of the defendants, they have been thrown in a common hotch pot and were enjoyed in common. So, the sale deeds were said to have been executed in the names of the defendan