SAKUNTHALA NARAYANAN Vs. MALABALAKRISHNAN

JUDGEMENT

(1.) The first and the third defendants have preferred this appeal challenging the preliminary decree for partition passed by the learned Additional District and Sessions Judge and Fast Track Court No.II, Coimbatore in O.S.No.593 of 2004. The parties would be referred to as by their rank before the trial court.

(2.) There are two items of properties. Item No.1 has a total extent of 12,966 sq.ft. and Item No.2 is a plot measuring 622.21 sq.mtrs. in the Industrial Estate in Tiruppur Taluk. These properties were purchased by a certain Narayanan, under Ext.A-1 sale deed dated 16.09.1970 and Ext.A2, sale deed dated 16.03.1989. Narayanan died on 02.4.2000, leaving him surviving his widow, the first defendant herein, and his three children, namely, the plaintiff, his younger daughter, the second defendant, his only son, and, the third defendant, his elder daughter;

(3.) The second defendant did not contest the suit, and chose to remain exparte. Resisting the suit, the defendants 1 and 3, the appellants herein (the widow and the elder daughter of Narayanan) have pleaded: