JUDGMENT :

G. CHANDRASEKHARAN, J.

The appellant filed a suit in O.S.No.207 of 2009 on the file of III Additional District and Sessions Judge, Salem claiming 2/3 share in the suit properties. The suit was filed against her brother Vellingiri, appellant herein and her mother Alagiri Ammal. Alagiri Ammal, the second respondent in this appeal died during the pendency of this appeal leaving behind the appellant and the first respondent, and it was recorded. Now the appeal is contested by the first respondent Vellingiri.

2. The case of the appellant is that the suit properties and other properties were ancestral properties and in the partition between her father Annamalai Gounder and his brothers in 1962, the suit properties were allotted to Annamalai Gounder. The partition list was registered on 04.02.1992. Annamalai Gounder was in possession and enjoyment of the properties alloted to him along with the appellant, respondent, deceased mother and one more brother Arunagiri. They constituted Hindu Undivided Joint Family (HUF). Arunagiri left the family in the year 1984 without getting marriage and his whereabouts is not known till now. He is presumed to be dead in law. Annamalai Gounder died