JUDGMENT

(Prayer: Appeal Suit has been filed under Section 96 of Code of Civil Procedure, 1908, praying against the judgment and decree dated 21.07.2010 made in O.S.No.114 of 2006 on the file of the Additional District Judge/Fast Track Court No.1, Coimbatore and pass such other further orders as may be deem fit and property depending upon the facts and circumstances of the case.)

1. This appeal by the defendants in a suit for partition being aggrieved by the decree of the Trial Court declaring the plaintiff is entitled to 5/8 share in respect of suit item Nos.1 & 3 and portion of the 2nd item which stands in the name of K.R.Ramasamy Naicker.

2. The plaint averments are as below:-

The plaintiff is son of K.R.Ramasamy Naicker, who died on 13.01.1989 leaving behind his wife K.R.Nagarathinam (1st defendant) and daughters K.R.Santha (2nd defendant) and K.R.Saratha (3rd defendant) and his son Srinivasan the plaintiff herein. The schedule mentioned properties in item Nos.1 & 3 are the ancestral property of K.R.Ramasamy Naiker and item No.2 was purchased from out of the surplus income derived from the ancestral property. The properties were held as joint family property with K.R.Ramasamy Naick