JUDGMENT :

N. Sathish Kumar, J.

1. Aggrieved over the decree and the judgment of the trial Court passing preliminary decree in favour of the plaintiff, the present appeal is filed by the first defendant.

2. For the sake of convenience, the parties are referred to herein, as per their rank before the trial Court.

3. The brief facts, leading to the filing of this Appeal Suit, are as follows:-

The suit property belonged to one Shanumga Nadar. He had three sons and two daughters through his first wife Thayammal. After the death of the first wife, the said Shanmuga Nadar married the plaintiff in the year 1961 and begotten one girl child/12th defendant herein. The first and second defendants are the sons of the Shanmuga Nadar. Third defendant is the daughter of the said Shanmuga Nadar. Defendants 4 to 11 are the legal heirs of Thenammal, another daughter of Shanmuga Nadar. The said Shanmuga Nadar inherited the property. Thereafter, the suit property is in joint possession of his legal heirs. Hence, the suit for partition.

4. The first defendant denying the allegations in the plaint submitted that the plaintiff is the third party to the family. The plaintiff is not the wife of Shanmuga Nadar. T