JUDGMENT

(Prayer: Appeal Suit filed under section 96 of CPC read with Order 41 Rules 1 and 2 of CPC against the decree and judgment dated 28.03.2011 in OS.No.22/2008 on the file of the learned Additional District Judge, Fast Track Court No.III, Tiruvallur.)

S.S. Sundar, J.

(1) The plaintiff in the suit in OS.No.22/2008 on the file of the Additional District Court-cum-Fast Track Court-III, Tiruvallur, is the appellant herein.

(2) Brief facts that are necessary for the disposal of this appeal are as follows:

(3) The appellant filed the suit in OS.No.22/2008 for partition and separate possession of her 1/3rd share in all the suit properties. The suit properties consists of 4 schedules, namely, A, B, C and D. The 1st defendant is the father of the appellant/plaintiff and 2nd defendant and the 2nd defendant is the brother of plaintiff. Defendants 3 and 4 in the suit are the sons of 2nd defendant.

(4) It is the case of the appellant/plaintiff that the suit properties are the ancestral family properties of plaintiff and defendants 1 and 2 and the plaintiff is entitled to 1/3rd share in all the suit properties as per the Hindu Succession Act. It is the further case of the plaintiff that the 1st