JUDGMENT

This Appeal Suit has been filed as against the judgment and decree passed in O.S. No.21 of 1982 on the file of the Additional Sub Court, Tirunelveli, wherein the first respondent has filed a suit for the relief of partition and separate possession. The suit was decreed in favour of the plaintiff.

2.As against the decree and judgment passed by the trial Court, the fourth defendant has preferred this present appeal.

3. For the sake of convenience and brevity, the parties herein after will be referred to as per their status/ranking in the Trial Court.

4. The gist of the plaint averments are as follows:

The properties described in the first scheduled originally belonged to Mohamed Sultan Mohideen, father of the plaintiff and the defendants 1 to 4 herein and the husband of the 5th defendant. The sites of the 2nd schedule are also belongs to Mohamed Sultan Mohideen but the buildings were put up by the plaintiff, defendants 1 to 3. The said Mohamed Sultan Mohideen died intestate 20 years back leaving behind him, the plaintiff, the defendants 1 to 4, 5^th defendant and two daughthers namely Subaida Bivi and Battikhan Beevi as his legal heirs to succeed his estate. After the demise of Mo