JUDGMENT :

Prayer: Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 25.01.2010 made in A.S.No.24 of 2006 on the file of the District Court, Kanniyakumari reversing the judgment and decree dated 13.04.2006

The plaintiff in the suit is the appellant. The suit is for partition of appellant's 1/3rd share over the suit property. The suit was partly decreed in respect of Items 1, 3 and portion of 4th Item viz., 25½ cents. On appeal filed by the defendants, the findings of the trial Court were reversed and the suit was dismissed in its entirety. Aggrieved by the same, the unsuccessful plaintiff has come up by way of this second appeal.

Plaint averments:

2.1. According to the appellant/plaintiff, the suit properties are the ancestral properties of the appellant and the respondent. Originally, the suit was filed by the appellant against her mother and brother viz., the respondent. Pending first appeal, the mother died and the appellant and respondent were recorded as legal representatives of the deceased mother.

2.2. As per the plaint averments, the properties were managed by the father of the parties, viz., Rathinasamy and he died intestate on 29