JUDGMENT

(Prayer: Appeal Suit filed under Section 96 of the Code of Civil Procedure, against the judgment and decree passed in O.S.No.111 of 1989 dated 09.03.1994 on the file of the learned Subordinate Judge, Kumbakonam.)

1. The deceased sole appellant as a plaintiff filed a suit in O.S.No.111 of 1989 on the file of the learned Subordinate Judge, Kumbakonam, against the respondents/defendants for a preliminary decree for partition. After trial, the said suit was dismissed. Now, challenging the said judgment and decree passed by the trial Court, the plaintiff in the suit filed this appeal. Pending appeal, the sole appellant/plaintiff died and his legal representatives were brought on record as appellants 2 to 7.

2. Brief facts stated in the plaint are as follows:-

The suit properties are ancestral properties of the father of the plaintiff namely, Arunajadesam Pillai, who got those properties vide a registered partition deed dated 31.03.1932. He died in 1970 intestate leaving behind his son/plaintiff, daughter/Pattammal and another son/Ramanathan. The plaintiff's sister Pattammal died in 1982 leaving behind her daughter-in-law Padmavathi Ammal/2nd defendant, widow of her per-deceased