JUDGMENT :

Prayer: Appeal Suit has been filed under Section 96 of the Civil Procedure Code against the judgment and decree dated 19.03.2008 made in O.S.No.248 of 2007 on the file of the I Additional District Court, Erode.

1. This appeal filed by the first defendant, aggrieved by the judgment and decree passed by the trial Court in the suit filed for partition.

2. The brief facts of the case is as under:-

The suit property belongs to the joint family consisting of Periyasamy and his two sons viz. P.Madhanmohan and A.P.Pushpanathan. The said Periyasamy and A.P.Pushpanathan borrowed money from a Private Finance Concern by name, R.A.N.Muthusamy Mudaliar Chit Funds. For the unpaid debt, the said Chit Funds Company obtained award against Periyasamy and A.P.Pushpanathan in C.C.No.3 of 1993 before the Registrar of Chits, Erode. Based on the award, Execution Proceedings was initiated. The suit property was put to the Court auction. One Venkatesan was the successful bidder in the auction held on 22.06.1995. Sale was confirmed on 22.08.1995 for consideration of Rs.3,90,500/-. The sale certificate was issued in favour of A.Venkatesan. In E.A.No.221 of 1997 in E.P.No.147 of 1993, the Sub Court, Ero