JUDGMENT

(Judgment of the Court was delivered by P.VELMURUGAN, J.)

This Appeal Suit is filed against the decree and judgment dated 28.03.2013 made in O.S.No.155 of 2010 on the file of II Additional District and Sessions Court, Tiruchirappalli.

2.The brief case of the plaintiff reads as follows:-

(i)The suit property originally belonged to the father of the plaintiff's mother, namely, B.Kader Moideen, who died in the month of May, 1961 and his wife Ameer Bi died on 23.09.1963 and his son, namely, Jainulabudeen died on 16.01.1991. After their death, the suit property devolved upon his daughter Jamila Bi / mother of the plaintiff and his son's wife Salima Bibi, who is arrayed as 5th defendant in this suit in 2/3:1/3 ratio according to Islamic Law of Succession. The mother of the plaintiff Jamila Bi filed a suit in O.S.No.778 of 1991 for partition against the 5th defendant on the file of the learned II Additional Sub Judge, Tiruchirappalli. During the pendency of the suit, the 5th defendant sold and alienated the entire suit property, including 2/3rd share of the said Jamila Bi to the 1st defendant, by way of sale deed dated 12.02.1992. Therefore, the mother of the plaintiff impleaded th