JUDGMENT

(Prayer: First Appeal filed Order XL1, Rule 1 r/w. Section 96 of C.P.C., against the judgment and decree dated 25.09.2014 in O.S.No.89 of 2011 on the file of the III_Additional District and Sessions Judge, Salem.)1. The 1st defendant in O.S.No.89 of 2011 on the file of the IIIAdditional District and Sessions Court, Salem is on appeal, against the preliminary decree granted in the said suit, declaring that the plaintiffs therein are entitled to 2/3rd share in the suit “A” and “B” schedule properties.

2. The plaintiffs, who are the son and daughter of the appellant born through his first wife, Ramayee Ammal filed the suit, seeking 2/3rd share in “A” and “B” schedule properties, contending that the suit “B” schedule properties are ancestral properties and suit “A” schedule property purchased by their grand father, Pachiyannan from and out of the income from the ancestral properties in the name of the 1st defendant / appellant. Therefore, according to the plaintiffs, they being the children of the first wife and coparcenors, they are entitled to 2/3rd share in the suit properties.

3. The said suit was resisted by the defendants, contending that the suit “B” schedule properties ar