JUDGMENT

(Prayer: Appeal filed under Section 96 of the Code of Civil Procedure, against the decree and judgment passed by the Principal District Judge, Pudukkottai, dated 06.12.2019, made in O.S.No.23 of 2013.)

P.B. Balaji, J.

1. The present Appeal has been filed to set aside the judgment and decree in O.S.No.23 of 2013, dated 06.12.2019 on the file of the Principal District Judge, Pudukkottai.

2. For the sake of convenience, the parties are referred to as per the ranking before the trial Court.

3. The unsuccessful defendants 4 and 5 are the appellants herein. The first respondent, as plaintiff, filed the suit in O.S.No.23 of 2013, seeking partition and separate possession of her 1/3rd share in the suit property. The claim of partition was on the basis of Ex.A2 - Will, dated 30.01.1970 said to have been executed by the grandmother of the plaintiff, one Kanagambujam.

4. Brief facts that are necessary for deciding the appeal suit are as follows:The suit property originally belonged to one Muthuvelammal, which was her self acquired property. She constructed a tiled thatched house in the property and was residing there till her life time. She was blessed with a daughter, one Kanagambujam, wh