JUDGMENT :

K. KUMARESH BABU, J.

The present first appeal has been filed challenging the decree and judgement dated 15.03.2017 made in the O.S.No.25 of 2013 on the file of Learned Additional District and Sessions Judge, Coimbatore.

1.The suit is instituted for partition and separate possession of the plaintiff’s 1/3rd share in the suit properties and for costs and other consequential reliefs. The case of the plaintiff is that she and the 1st defendant are sisters and the 2nd defendant is their brother, and they are the daughters and son of Late Krishnama Naidu through his junior wife Chinnammal, while his senior wife Akkammal died issueless.

2.The plaintiff submits that the suit properties were purchased by the said Krishnama Naidu out of joint family income under a registered sale deed dated 31.08.1944 and thereafter the said Krishnama Naidu, along with his wives and children including the plaintiff and defendants, were in joint possession and enjoyment of the suit properties by cultivating the same.

3.It is submitted that the said Krishnama Naidu died intestate on 24.11.1947 and his