P. Kalaiyarasan, J.

1. This Appeal Suit has been directed against the Judgment and Decree of the Vth Additional District Court, Coimbatore, dated 29.10.2014 in O.S.No.197 of 2011 passing a preliminary decree by dividing the first item of the suit property into two shares and by allotting half share to the plaintiff at the instance of the defendants 1 to 3 as appellants.

2. This Appeal Suit relates to Item No.1 of the suit property. Against dismissal of the suit with respect to Item Nos.2 and 3 of the suit property, there is no appeal. Therefore suffice to narrate the case of the parties with respect to Item No.1 of the suit property.

3. The case of the first respondent/plaintiff as averred in the plaint and the reply statement are as follows :

(i) The plaintiff and Kandaswamy Gowder are children of late Smt.Karaiyakkal and late Sri. Subbai Gowder. The first defendant is the wife and defendants 2 and 3 are the sons of the said Kandaswamy. The said Karaiyakkal died intestate on 17.09.1985 leaving behind the plaintiff and her brother Kandaswamy to succeed her estate. After her demise the plaintiff and her brother Kandaswamy succeeded to her properties and were in the joint posse