JUDGMENT :

Sunder Mohan, J.

PRAYER : First Appeal is filed under Section 96 of C.P.C., against the Judgment and Decree dated 23.02.2018 made in O.S.No.81 of 2008 on the file of the IV Additional District Court, Erode at Bhavani.

The unsuccessful plaintiff in a suit for partition has challenged the Judgment in O.S.No.81 of 2008 dated 05.03.2008 passed by IV Additional District Judge, Erode in the above appeal.

2. The brief facts leading to the filing on the above appeal are as follows:

(a) The first respondent is the brother of the appellant, the second respondent is his sister. The appellant filed a suit for partition, claiming partition of the suit schedule properties which consists of four items.

(b) The averments in the plaint are that the appellant and the respondents are children of one late K.Sengodan. On 25.03.1964, a partition deed was effected between late Mr.K.Sengodan, his elder brother Mr.K.Muthusamy and their father Mr.Kandappagounder. In the partition, a property was allotted to Mr.K.Sengodan which is the first item of the suit schedule property. The suit properties are joint family properties. The appellant and the respondents are entitled to a share. The appellant is enti