JUDGMENT :

G.Ilangovan, J.

This second appeal is filed against the judgment and decree of the Sub Judge, Tuticorin, passed in AS No.18 of 2002, dated 23/08/2004 reversing the judgment and decree of the District Munsif, Srivaikundam, passed in OS No.405 of 1994, dated 21/12/2001.

2.The plaint averments:-

(i)The 4^th defendant namely Garudappan Srinivasa Iyengar is the father of the plaintiff and the defendants 1 to 3. The suit properties are the coparcenary undivided properties. They are in joint possession and enjoyment. All are entitled to 1/5^th share equally. But the 4^th defendant was acting against the interest of the joint family and was not taking care by the defendants 1 to 3. The plaintiff demanded partition in January 1994. The 5^th defendant is a stranger. But from 10/09/1994, he started saying that he purchased the entire property from the 4^th defendant and attempted to remove the plaintiff and the defendants 1 and 2 forcibly from the possession. If at all, the 5^th defendant can work out his remedy by filing a suit for partition. Hence, the suit is filed seeking partition of the plaintiff's 1/5^th share, for permanent injunction, costs.

(ii)The 6^th defendant was impleaded on her