JUDGMENT

(Prayer:Appeal Suit filed under Section 96 of the Code of Civil Procedure against the Judgment and Decree, dated 24.09.2014 made in O.S.No.11 of 2011, on the file of the Additional District Judge, Pudukkottai.)

1. The Appeal Suit is directed against the judgment and decree passed in O.S.No.11 of 2011, dated 24.09, on the file of the Additional District Court, Pudukkottai.

2. The suit is for partition.

3. For the sake of convenience and brevity, the parties will hereinafter be referred as per their status/ranking in their original suit.

4. Admittedly, the plaintiff and the defendant are brothers and sons of the deceased Chiththa Gounder. It is not in dispute that the suit properties are the ancestral and joint family properties of the deceased Chiththa Gounder.

5. The case of the plaintiff is that the suit properties have been in joint possession and enjoyment of the plaintiff and the defendant, that there was no partition in respect of the suit properties and that the defendant, taking advantage of the mistakes occurred in patta, had been attempting to alienate the properties, that the plaintiff, after coming to know about the same, has sent a legal notice dated 03.09.2010, dema