JUDGMENT

(Prayer: This Appeal Suit is filed under Section 96 of the Civil Procedure Code r/w Order XLI Rule 1 of C.P.C, against the judgment and decree passed in O.S.No.96 of 2013 on the file of the Principal District Court, Tirunelveli, dated 10.03.2016.)

1. This Appeal Suit has been preferred challenging the judgment of the learned Principal District Judge, Tirunelveli, dated 10.03.2016 in O.S.No.96 of 2013. The appellant is the defendant.

2. The plaintiff in the suit is the sister of the defendant. The plaintiff has filed the suit stating that the suit properties belonged to their father N.Ponnaiah and he was in possession and enjoyment of the same. The said Ponnaiah died on 04.12.2008 leaving behind his wife Deivanaiammal, son/ the defendant herein and daughter/the plaintiff herein as his legal heirs. So, each of the legal heirs became entitled to 1/3rd share. The mother of the plaintiff Deivanaiammal settled her 1/3rd share in favour of the plaintiff by way of a registered sale deed dated 25.03.2009 and put her in possession. The settlement is accepted by the plaintiff as well. The defendant started to give disturbances to the plaintiff's joint possession of the properties. After