JUDGMENT

Aggrieved over the judgment and decree dated 22.12.2011 passed in O.S.No.46 of 2010 on the file of the Principal District Court, Cuddalore, the defendants 1 and 2 have preferred the first appeal.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

3.The plaintiff filed the suit for preliminary decree by partitioning the suit schedule property and allot 1/6th share to the plaintiff in the plaint schedule property and for permanent injunction restraining the defendants 1 and 2 or their men, agents, servants from encumbering the plaint schedule property and for cost.

4.The plaintiff/1st defendant's case is as follows:

The suit property originally belonged to late Govindasamy Padayachi, who is maternal uncle of Kaliyamoorthy, father of the plaintiff and the defendants 3 to 5 and K. Chandrasekaran, father of the defendants 1 and 2. The said Govindasamy executed a Will on 19.02.1947 and according to the Will, Chandrasekaran and Kaliyamoorthy will enjoy the property for their life time and after their demise, their male descendent will inherit equally with all powers of alienation. All the male descendents have to get the property eq