JUDGMENT

(Prayer: Appeal Suit filed under Section 96 of the Code of Civil Procedure, against the judgment and decree dated 28.10.2004 made in O.S.No.70 of 2004 on the file of the Additional District Judge, Fast Track Court No.I, Tirunelveli.)

1. The 1st respondent as a plaintiff filed a suit in O.S.No.70 of 2004 on the file of the learned Additional District Judge, Fast Track Court No.I, Tirunelveli, against the appellants 1 to 5 and the 2nd respondent, who are the defendants in the suit, for partition and separate possession of her half share in the suit schedule properties and also for the medieval income. After trial, the trial Court, by judgment and decree dated 28.10.2004, passed a preliminary decree for partition. Challenging the said judgment and decree, the defendants 1 to 5 as appellants, have filed this appeal. Pending appeal, the 1st respondent and the appellants 1 and 4 died and their legal representatives were brought on record.

2. Brief plaint averments are as follows:-

The first suit schedule properties belonged to one Sankaralinga Muthaliyar and the second suit schedule properties belonged to his wife Anandam Ammal and both of them died intestate. The 1st respondent