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2.2. One Subbayya Kounder had various extents of property covered by Ext.A2 purchase certificate. He was survived by his son Pacha Kounder. Though the said fact is disputed by the appellants herein, for the R.S.A. No.1308 of 2012 3 2026:KER:19912 purpose of considering the appeal, it may not be relevant. Pacha Kounder was survived by two sons, namely, Narayana Swami and Viswanathan and in the year 1976, he settled the property having an extent of 2.65 Acres in their favour. They, in turn, transferred the property to one Rengaswamy Kounder, who was survived by three legal heirs, Mariamma, Kanakeswari and Mahalingam. Mariyamma and Mahalingam released their 2/3rd right over the property in favour of Kanakeswari, and thus Kanakeswari became the absolute owner of an extent of property covered in Survey No.705/6, which in turn is one of the properties included in the purchase certificate in the name of Subbayya Kounder (Ext.A2). Kanakeswari, in turn, transferred the property to the plaintiff on 10.8.2000. In the meantime, O.S. No.24 of 2004 was instituted by the 1st defendant against the 2nd defendant, claiming to be the legal heirs of Subbayya Kounder in respect of the property covered under Survey Nos.705/6 and 705/2 and 4. On 22.3.2004, a preliminary decree was passed for partition of the property having an extent of 2 Acres 37 Cents in Survey No.705/6 and an extent of 43 cents in Survey No.705/2 and 4. Tracing the title to the plaint schedule property, which in turn is shown in item No.1 of the schedule to the preliminary decree to O.S. No.24 of 2004, the plaintiff contended that the preliminary decree is not binding upon her since she was not a party to the proceedings and she has a paramount title. The trial court, after R.S.A. No.1308 of 2012 4 2026:KER:19912 appreciation of the oral and documentary evidence, decreed the suit.