JUDGMENT

The 4th defendant who unsuccessfully challenged the judgment and decree in O.S.No.81 of 2011 of the Sub Court Mannargudi, before the Principal District Judge, Thiruvarur in A.S.No. 10 of 2018, is the appellant before this Court.

2. For the ease of understanding, the parties are referred in the same array as before the Sub Court, Mannargudi.

FACTS OF THE CASE:

3. The plaintiff has filed a suit for partition of her 1/4th share in the suit property. It is her case that the suit properties belonged to one, Ramaiyan who is the father of the plaintiff and the defendants 1 to 3. Ramaiyan died intestate in the year 1993 and a year later, his wife followed him. Therefore, the plaintiff and the defendants 1 to 3 who are the daughters, had inherited 1/4th share each in the properties.

The deceased Ramaiyan has no male heir.

4. The plaintiff would submit that after the marriage of the plaintiff and the defendants 1 and 3, they have left for their matrimonial home and the second defendant is residing at the old tiled house situated at North Street, Eda Melaiyur Village in the Survey Nos.281/11 B2, 281/14A, 281/14C and 281/14B and maintaining the suit properties.

5. The properties are in the j