JUDGMENT :

Prayer: First Appeal is filed under Section 96 read with Order 41 Rule 1 of C.P.C., against the decree and Judgment passed in O.S.No.839 of 2004, dated 26.12.2008 on the file of the Additional District and Sessions Judge, Coimbatore, (Fast Track Court No.II, Coimbatore).

1. The Appellant herein is the plaintiff in the suit before the Trial Court. The Appeal is directed against the dismissal of the suit filed for partition.

2. Case of the plaintiff:

Anganna Chettiar and Muniammal had two daughters and two sons. One daughter died unmarried issueless. One son predeceased his parents leaving behind his wife and children. The plaintiff is their sole surviving daughter and the first defendant is their sole surviving son. The defendant Nos.2 to 5 are the legal heirs of their predeceased son.

3. The property in Item No.1 of the suit property belongs to Muniammal inherited from her father Velliangiri. Item No.2 of the suit property belongs to Anganna Chettiar inherited from his mother Desakkal. Anganna Chettiar died on 05.06.1964. Muniammal died on 03.10.2004. One of their daughter Sulochana died issueless on 14.09.1997. Muniammal had a sister by name Visalakshiammal, who also died i