JUDGMENT

The appellant / plaintiff has filed the suit in O.S.No.36 of 2008, seeking for partition to divide the suit properties into equal 5 shares and allot one such share to the plaintiff, wherein the respondents are the defendants.

2.The brief facts of the plaint are as follows:-

As per family partition dated 19.11.1968, items 1 to 19 had been allotted to the father of the plaintiff. Item 20 vacant land was allotted through family partition to one Seenivasa Naicker, who is the father of Rengasamy Naicker. After his death, as per family partition, Rengasamy Naicker got it and had constructed a house therein and lived therein. He died on 31.03.2004. Thereafter, the suit properties are in joint possession of the plaintiff and the defendants. The plaintiff's mother died in the year 2002. The defendants 1 to 3 are the brothers of the plaintiff and the 4th defendant is the sister of the plaintiff. In the suit properties, the plaintiff is entitled to 1/5th share and the defendants are also entitled to 1/5th share each. In the year January, 2007, the plaintiff asked the defendants 1 to 3 to partition her share. Since they have delayed it, the suit is filed for partition.

3.The brief facts o