JUDGMENT

The Appeal Suit is directed against the judgment and decree passed in O.S.No.24 of 2009, dated 29.07.2011, on the file of Principal District Court, Theni, decreeing the suit as prayed for.

2. The gist of the plaint is as follows:

The plaintiff and the defendant are sister and brother and are children of K.Shanmugavel Nadar and Avudaiammal. The suit property was originally purchased by the said Avudaiammal from one Virumandi Thevar, vide registered sale deed dated 29.01.1965. After the death of the said Avudaiammal, the plaintiff and the defendant succeeded to the properties as her only legal heirs. The plaintiff has been in joint possession and enjoyment of the suit property along with the defendant. Hence, the plaintiff is entitled to get ½ share in the suit property. Though the defendant has assured the plaintiff to give her ½ share, later he refused to give her share. Since the defendant had tried to create encumbrance, the plaintiff sent a legal notice dated 31.05.2007 to the defendant demanding partition of the suit property and allotment of ½ share to her. The defendant, having received the notice, has neither sent any reply nor complied with the notice demand. The pla