JUDGMENT :

G.K. Ilanthiraiyan, J.

1. This appeal has been preferred as against the judgment and decree passed in A.S. No. 37 of 2001 on the file of the court of Additional Sub-Ordinate Judge, Nagapattinam dated 18.06.2003 in confirming the judgment and decree passed in O.S. No. 99 of 1995 on the file of the District Munsif, Nannilam dated 09.09.1998.

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

3. The case of the plaintiffs in brief is as follows:-

3.1. The suit is for partition. The first defendant is the son of the first plaintiff's husband's first wife. The first plaintiff got married with her husband one Muthaiyan under Hindu rights and customs and gave birth to the plaintiffs 2 and 3. The first defendant, after death of his first wife got second marriage and thereafter, he left her father Muthaiyan after obtaining his house. Thereafter, the said Muthaiyan and the first plaintiff were lived in a hut put up at Poramboke land and after death of the said Muthaiyan, the first plaintiff is living there. The said house is the second item of the A schedule suit property. The suit properties belonged to the said Muthaiyan and all are j