The 2nd Defendant in OS.No.69 of 2004 and who is also the plaintiff in OS.No.249 of 2004 is the appellant. The suit in OS.No.69 of 2004 was filed by the 1st respondent seeking partition and separate possession of her half share in the suit properties and for permanent injunction.

The case of the plaintiff in OS No.69 of 2004 brief is as follows :

2. The plaintiff is the daughter of the 1st defendant. The suit properties belonged to Pongianna Gounder, father of the 1st defendant. The said Pongianna Gounder had 3 sons by name Kandhasamy, Possappan and K.P. Chinnasamy (1st Defendant). The plaintiff claims that the suit property was alloted to Pongianna Gounder under a compromise final decree dated 09.09.1977 made in OS.No.501 of 1974. After the said compromise final decree, the father of the plaintiff namely 1st Defendant in OS.No.69 of 2004 entered into an agreement of sale with his father on 16.09.1978 to purchase the suit property for a sum of Rs.35,000/- and had paid an advance of Rs.20,000/-. Since the father Pongianna Gounder died without executing the sale deed, the 1st defendant namely K.P. Chinnasamy filed a suit in OS.No.288 of 1979 seeking specific performance. The