JUDGMENT :

1. The first appeal is filed against the judgment and decree of the learned I Additional District Judge of Salem dated 18.03.2015 in OS.No.76 of 2012.

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

3. The suit is filed for partition. The case of the plaintiff is that the plaintiff and the defendants are brother and sisters born to P.A.Govindan and Samundeeswari. The first item of the suit properties are the ancestral joint family properties. As per the koor chit dated 02.07.1989 executed between her father and his family members, in which 'C' schedule property was allotted to her father and he was put up in possession and enjoyment of the same. 'C' schedule property which was mentioned in the coor chit are the first item of the suit properties. Her father died intestate on 07.03.2007 and his wife predeceased on 02.01.2006 leaving behind the plaintiff and the defendants as their legal heirs. They are in joint possession and enjoyment of the first item of the suit property. The suit second item of the properties was purchased in the name of the first defendant by virtue of sale deed dated 06.06.1985 out of the income derived from the ancestral property, i.e. the first item of the suit properties. Though the property was purchased in the name of the first defendant, he has no independent income and means to purchase the same. Therefore, the plaintiff is entitled to have 1/3 share in the suit properties. Hence, the suit.

4. Resisting the same, the first defendant filed written statement and admitted allotment in favour of their father in respect of the first item of the suit property. Insofar as the second item of the suit property, was not purchased from the income derived from the first item of the suit property. It is the self acquired property of the first defendant and while he was working in the dairy farm, he earned money and from the hard earned money, the second item of the suit property was purchased. Therefore, the plaintiff is not entitled for any share in the second item of the suit schedule property. During the life time of their father, he executed settlement deed dated 28.12.2006 and 25.01.2005 in favour of the first defendant in respect of the first item of the suit property. The plaintiff got married in the year 1985 and the second defendant's marriage was held in the year 1971 and the marriage expenditure and presentations were borne out by their father and as such the father settled the property in favour of the first defendant. The second defendant submitted to the decree.

5. On hearing the rival pleadings, the learned trial Judge framed the following issues for determination of the suit :-

1. Whether the suit properties are ancestral properties of the plaintiff and defendants?

2. Whether 2nd item property purchased from the income of joint family property?

3. Whether the plaintiff's father Govindan has executed a settlement deed dated 28.12.2006?

4. Whether the plaintiff is having 1/3 share in the suit properties?

5. Whether the plaintiff is entitled for permanent injunction as prayed for?

6. Whether the plaintiff is entitled for permanent injunction as prayed for?

7. To what relief the plaintiff is entitled to?

Additional Issues:

1. Whether the plaintiff is entitled for declaration declaring settlement deeds dated 04.05.1994, 25.01.2005 and 28.12.2006 as null and void?

2. Whether the declaratory relief to declare the settlement deeds as null and void is barred by limitation?

3. Whether the court fee paid is proper?

4. Whether 2nd defendant is having 1/3 share in the suit properties?

5. Whether the 2nd defendant is entitled for preliminary decree for partition and separate possession?

6. What other relief the plaintiff and 2nd defendant entitled to?

6. In support of the plaintiff's case, P.W.1 was examined and seven documents were marked as Ex.A.1 to Ex.A.7. On the side of the defendants, D.W.1 and D.W.2 were examined and no documents were marked. On considering t