JUDGMENT

(Prayer: Appeal Suit filed under Section 96 of the Code of Civil Procedure, to set aside the Judgment and Decree dated 19.11.2010 made in O.S.No.102 of 2008, on the file of the Additional District Court (FTC–II), Salem District.

A. The Appeal :

1. This Appeal is directed against the Judgment and Decree dated 19.11.2010 in O.S.No.102 of 2008, by the Learned Additional District Judge Salem, in and by which, the suit filed by the plaintiff to pass a preliminary decree directing the defendants 1 to 5 to pay a sum of Rs.1,68,250/- with further interest at the rate of 9% per annum, and failing which, to order for the sale of the mortgaged property by way of a final decree, was dismissed by the Trial Court. The aggrieved plaintiffs are before this Court.

1.1 Hereinafter, in this judgment, the parties are referred to as per their array in the original suit.

B. The Case of the Plaintiffs :

2. The case of the plaintiffs is that the first plaintiff is the wife of one T.K.Kuppusamy, and the plaintiffs Nos.2 to 6 are the children. The said T.K.Kuppusamy died on 27.10.2004. The plaintiffs constituted a joint family. The first defendant is the son-in-law of the second defendant.