COMMON JUDGMENT

(Delivered by M.Jothiraman J.)

Unsuccessful defendants 2 and 3 have preferred the appeal in A.S.No.34 of 2024 and the plaintiff has preferred the appeal in A.S.No.922 of 2024.

2. The parties are referred to as per their rankings in the trial Court.

3. The suit is filed for partition of the property into two equal shares and allot them to the plaintiff and first defendant each. The trial Court has passed a preliminary decree for partition.

4. The brief case of the plaintiff is as follows:

4.1 The defendants 1 to 3 are the brother, wife and son of the plaintiff, respectively. The suit property is consisting of land and building. The land measuring to an extent of 19 cents and 348 sq.ft.

4.2 The suit property originally belonged to Dharman Perumal, the great grandfather of the plaintiff. He left behind his only son Raju Naidu to succeed the property. On the death of Raju Naidu, his two sons Purushothammn and Venugopal succeeded the suit property and when Venugopal released his share in the property in favour of his brother Purushothamman on 09.06.1998, the plaintiff’s father Purushothamman became the sole owner of the suit property. The said Purushothamman purchased an extent