(1.) (Appeal against the judgment and decree, dated 21.02.1995, made in A.S.No.184 of 1993, on the file of the Additional Sub Court, Erode, confirming the judgment and decree of the Principal District Munsif Court, Erode, made in O.S.No.1133 of 1990, dated 22.10.1992.) The second appeal has been filed against the judgment and decree, dated 21.02.1995, made in A.S.No.184 of 1993, on the file of the Court of Sub Judge, Periyar District at Erode, confirming the judgment and decree, dated 27.10.1992, made in O.S.No.1133 of 1990, on the file of the Court of Principal District Munsif, Erode.
(2.) THE plaintiff in the suit O.S.No.1133 of 1990 is the appellant herein. THE legal heirs of the plaintiff have been brought on record after her death. THE suit had been filed by the plaintiff praying for a decree of:
(3.) IN the written statement filed by the 4th defendant, it has been stated that the claims made by the plaintiff in the suit in O.S.No.1133 of 1990 is false, frivolous and not maintainable, either in law or on facts. It has been stated that the contention of the plaintiff that the suit property is a separate property of the deceased Kudimikkara Karuppana Gounder is false. IN fact, it is his ancestral property. The suit property has always been enjoyed and treated as a joint family property of Kudimikkara Karuppana Gounder and his sons Periyasamy and Palanisamy, who are the first and second defendants in the suit. It was also incorrect to state that the first and second defendants were addicted to drinks and that they were sick and unable to earn.