JUDGMENT :

Suit for partition filed by the sole appellant herein was dismissed by the trial Court. Being aggrieved by the judgment of dismissal, the present Appeal Suit is filed.

2. For clarity sake, parties are referred to their status and ranking found in the trial Court decree.

3. Brief facts of the case as per the plaint is that, Kandasamy Gounder (first defendant) had two wives. The plaintiff is the daughter of his senior wife Pongiammal. The first defendant got separated from his senior wife and married the mother of the second defendant in the year about 1968. The mother of the plaintiff died in the year 2001. The suit properties are the ancestral properties of the first defendant. Hence, as per the Hindu Succession (Amendment) Act, 2005, being the daughter of the first defendant, the plaintiff has sought for 1/3rd share in the suit property. In support of the said claim, the plaintiff has relied upon the joint sale of the ancestral property on 19.08.2002 by the family members, to show it has been jointly enjoyed by the plaintiff and the defendants. The plaintiff had contended that the defendants among themselves excluding her had created a registered deed of partition on 21.01