JUDGMENT

(Prayer: This Appeal Suit has been filed, under Order 41 Rule 1, read with Section 96 of CPC, against the judgement and decree, dated 13.01.2015, made in OS.No.241 of 2012, by the III Additional District and Sessions Judge, Salem.)

1. This Appeal Suit has been filed, by the Defendants 3 and 4, against the judgement and decree, dated 13.01.2015, made in OS.No.241 of 2012, by the III Additional District and Sessions Judge, Salem

2. The suit was filed, seeking a preliminary decree, directing the Defendants 1 to 3 to divide the suit properties into 3 equal shares and allot one such share to the Plaintiff, failing which, to pass an order to appoint an Advocate Commissioner to divide the suit properties into 3 equal shares and allot one such share to the Plaintiff and for separate possession of the same and also a decree, declaring the two gift settlement deeds, executed by the 1st Defendant to the Defendants 3 and 4, regarding the items (1) and (2) of the suit properties, dated 19.06.2012, as null and void and for costs.

3. The case of the Plaintiff is that the Defendants 1 and 2 are husband and wife and the Plaintiff and the 3rd Defendant are their sons. The 4th Defendant is the d