JUDGMENT

(Prayer:First Appeal has been filed under section 96 of CPC, against the Judgement and Decree dated 31.07.2015 made in O.S.No.138 of 2011 on the file of the III Additional District and Sessions Judge, Virudhachalam.)

1. This appeal is directed against a judgment and decree dated 31.07.2015 passed by the learned III Additional District and Sessions Judge, Cuddalore at Virudhachalam in O.S.No.138 of 2011.

2. The appellant is the 1st defendant in O.S.No.138 of 2011 and brother of the plaintiff and the 2nd defendant in the above suit who are the respondents 1 and 2 herein.

For the sake of convenience, the parties herein are referred to as they are ranked before the trial Court as plaintiff and defendant.

3. The plaintiff in O.S.No.138 of 2011 instituted the above suit for partition and separate possession of 1/3rd share in the suit schedule properties. According to the plaintiff, the plaintiff and the defendants 1 & 2 are the sons and daughter of one Kothandapani who acquired the suit properties by inheritance from his adopted father Sowrirajulu Chettiar and therefore the properties are his ancestral properties. Apart from the plaintiff and the defendant, the said