JU D G M E NT

This appeal is preferred against a judgment and decree dated

07.09.2011 in O.S.No.190 of 2010 passed by the learned Additional

District and Sessions Judge (FTC No.2) Salem.

2.The plaintiffs are the appellants. The plaintiffs filed the above suit in O.S.No.190 of 2010 for partition in the suit property and for permanent injunction restraining the defendants from alienating the suit property.

3.The case of the plaintiffs is that, the plaintiffs are brothers and the

1st defendant is the father of the plaintiffs and their mother is one Kamala. The 2nd defendant is the son of the 1st defendant born through one Pappa, a concubine of the first defendant herein. The 1st defendant lived with his concubine along with the 2nd defendant. The suit properties are the joint family properties of the 1st defendant and his father Chinnusamy and his elder brother Kandhasamy. They divided the properties under a registered partition deed dated 30.04.1979. In that partition deed the properties described in the A schedule were allotted to Chinnusamy and his wife Arayee to be enjoyed by them for life without any right of alienation, and after the life time of Chinnusamy and his wife Arayee the pr