JUDGMENT :

(Prayer: Appeal Suit filed under Section 96 of Civil Procedure Code as against the judgment and decree dated 17.08.2007 made in O.S. No.681/2004, on the file of the Additional District Judge, Fast Track Court – I, Chengalpet.)

1. Aggrieved over the judgment and decree dated 17.08.2007, passed in O.S. No.681/2004, on the file of the Additional District Judge, Fast Track Court – I, Chengalpet, the plaintiff has preferred the First Appeal.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

3. Suit for partition, direction and profits.

4. The case of the plaintiff, in brief, is that she is the younger sister of the first defendant and they are the children of the deceased Devaraja Mudaliar and Chandra Bai and Devaraja Mudaliar died on 06.10.1973, his wife Chandra Bai died on 14.04.1981. The plaintiff and the first defendant are the only heirs of Devaraja Mudaliar and Chandra Bai. The defendants 2 to 6 are the daughters and sons of the first defendant. Devaraja Mudaliar was allotted lands in Cowl Bazar No.126 and Pozhichalur No.127, described in the A schedule under the registered partition deed dated 22.05.1950 entered into between him and his younger brother and Devaraja Mudaliar sold away some of the properties and at the time of his demise in 1973, he left behind 0.21 cents of dry lands at Pozhichalur village, main road, 0.83 cents of wet land in Cowl Bazar village in S.No.146 and S.No.163 and house site of an extent of about 13,600 sq.ft measuring 46 ft x 200 ft on the main road, Cowl Bazar in S.No.109/1. Devaraja Mudaliar and the first defendant sold 3450 sq.ft of site in S.No.109/1 in Cowl Bazar to the plaintiff's husband, P.Dhakshinamurthy, by way of a registered sale deed dated 06.03.1972, for Rs.2,000/- and the plaintiff's husband has constructed a house and living therein and the first defendant has been managing the properties left by Devaraja Mudaliar on behalf of the plaintiff also. On the death of Devaraja Mudaliar in 1973, his half share in the joint family properties was succeeded by his wife Chandra Bai, the first defendant and the plaintiff each getting 1/6th share in the whole properties and on the death of Chandra Bai in 1981, her 1/6th share devolve on the plaintiff and the first defendant and thus, the plaintiff is entitled to 1/4th share in the suit properties and the first defendant and his children are entitled to 3/4th share. In or about 1985, the first defendant sold away 0.21cents of land in the main road, Pozhichalur for Rs.30,000/- without informing the plaintiff and not paying her share. The first defendant had plotted out S.No.146 and 163 in Cowl Village into 15 plots as Rathinavel Nagar and sold 7 plots for Rs.1,30,000/- and not paid the plaintiff her due share. The first defendant has been holding these monies of the plaintiff in trust for her benefit and he has to make over the plaintiff's share in the sale proceeds. The first defendant has sold plot Nos.15,16 and 17 between 1994 and 2000 to the defendants 7 to 10 for Rs.1,38,000/- without the consent of the plaintiff and the above said sales are not binding on the plaintiff or her 1/4th share. The plaintiff is entitled to 1/4th share in the above said plots. The first defendant had recently started exhibiting hostility towards the plaintiff and therefore, the plaintiff, through her Advocate, caused a registered notice of demand to the first defendant on 18.06.2002. The first defendant sent a reply notice dated 15.07.2002 containing incorrect allegations. Devaraja Mudaliar was living in the house of the plaintiff and being looked after by her and he died in her house and did not execute any Will and the allegations that the first defendant had paid half of the amount of the proceeds of sale of lands and plots to the plaintiff is false. The allegation that the plaintiff did not help the father and that he was totally dissatisfied with her and the case that 50 soverigns of gold and Rs.1,00,00