J U D G M E N T

The appeal suit is directed against the judgment and decree passed by the trial Court in the suit filed by daughter of Lakshmana Gounder, who had inherited the property from his father, Subbanna Gounder.

2. According to the plaintiff, she being the daughter of Lakshmana Gounder, is entitled for 1/4^th share in the property, to be shared along with her brothers and sisters.

3. The suit was contested by brother's of the plaintiff on the ground that the property of Subbanna Gounder, on his death in the year 1955, devolved on his son and two grandsons as coparcenary property. During the lifetime of Lakshmana Gounder, he himself has issued notice on 06.05.1996 seeking partition and thereafter voluntarily sold his 1/3^rd share to one Nanjukutty on 28.07.1999. Therefore, it was contended that the plaintiff, who is none other than wife of said Nanjukutty, knowing well about the division of the coparcenary property by conduct, cannot take advantage of the subsequent amendment to the law and seek for share in the grandfather's property, as if she is the coparcener and the property is available for division as a joint family coparcener.

4. The trial Court, after considering the evi