JUDGMENT

The unsuccessful plaintiff in O.S.No.20 of 2005 on the file of the Principal District Munsif Court, Kovilpatti is the appellant in this second appeal. She filed a partition suit claiming 1/4th share in the suit properties. The suit properties are spread over in three schedules and are 11 items in number.

2.The case of the plaintiff is that the properties originally belonged to Muthaiah Nadar her grand father. Muthaiah Nadar had two sons namely Madasamy Nadar and Srinivasa Nadar. Srinivasa Nadar pre-deceased Muthaiah Nadar as well as Madasamy Nadar. He does not appear to have married or had any issue. Madasamy got married to Sudamani. They begot three sons namely respondents 1 to 3 herein and a daughter, the appellant herein. Madasamy passed away on 29.09.1974. Sudamani passed away on

26.11.1974. Both died intestate.

3.The case of the plaintiff is that as one of the four children, she is entitled to 1/4th share. The defence taken by the brothers / R1 to R3 herein was that the plaintiff Muththuthai @ Chinnathai got married in the year 1967 itself. Therefore, she cannot claim any right to the coparcenary property. It was further pleaded that oral partition took place among broth