JUDGMENT

(Prayer: Appeal suit has been filed under Section 96 read with Order XLI Rule 1 of the Civil Procedure Code, against the judgment and decree of the I Additional District Court at Coimbatore, dated 03.04.2017 in OS. No.20 of 2015.)

R. Subramanian, J.

1. The first defendant in OS No.20 of 2015 assails the decree for partition granted by the Trial Court by way of this Appeal.

2. The said suit was initiated by one of the daughters of Kandhasamy, who died on 13.08.1965 leaving behind his wife Lakshmiammal, two daughters viz. Vijayalakshmi and Indiradevi, the second defendant and the plaintiff in the suit respectively, and Kailasamoorthy, the first defendant/appellant herein. It is not in dispute that Lakshmiammal died in 1997. The other defendants are the alienees from the first defendant, after 09.09.2005 viz. the date on which the Hindu succession Amendment Act 39 of 2005, came into force.

3. The plaintiff laid the suit primarily contending that the suit properties were ancestral Properties belonging to the joint family consisting of Kandhasamy, herself and defendants 1 and 2.