JUDGMENT

The suit has been filed for seeking partition and delivery of possession of plaintiffs 1/2 share in the schedule property and for an account of the income of the suit property by the defendants till date of delivery of possession.

2. Heard N.Kishore Kumar, learned counsel for the plaintiff and Mr.V.Baskaran, learned counsel for the defendant and perused the materials available on record.

3. The plaint in brief:

The suit property belonged to the mother of the plaintiff, the first defendant and the deceased second defendant. The parents of the plaintiff had two more children who died without any issues. During the pendency of the suit, the second defendant also died without leaving any legal heirs. Originally, the plaintiff has filed a suit claiming 1/3rd share in the suit property for himself and the defendants 1 and 2, as the legal heirs of his deceased mother. As the second defendant died during the pendency of the suit without any issues, the plaintiff has amended the suit by seeking 1/2 share in the suit property.

4. The written statement filed by the first defendant in brief:

The first defendant did not dispute the title of his mother in respect of the suit property. The pr