Paul, J.-O.S. A. No. 81 of 1975 is an appeal under clause 15 of the Letters Patent against the judgment and decree of the learned single Judge on the Original Side of this Court in C.S. No. 16 of 1972. A.S. N0.615 of 1973 and A.S. No.216 of 1971 are appeals filed against the judgment and decree of the learned III Assistant Judge of the City Civil Court in C.S. Nos. 2771 and 2960 of 1967. These two appeals have been transferred to the file of this Court to be heard along with O.S.A. No. 81 of 1975.

2. All the three appeals are by C.V. Ramaswamy Naidu who is the first defendant in O.S. No. 16 of l972 and the plaintiff in O.S. No. 2771 of 1967 and 2960 of 1967. C.S. No. 16 of 1972 was filed by G. V. Srinivasan, the brother of the appellant in all these appeals for partition and separate possession of his half share in the immovable properties described in the plaint A Schedule and the movables set out in the plaint B Schedule and for a decree directing the first defendant to pay to the plaintiff a half share in the investments made by the first defendant as set out in the C Schedule and for a decree directing the defendants to render a true and correct account of all the rental income derived by the defendants from the immovable properties and the investments made by the first defendant.

3. O.S. No. 2960 of 1967 was filed by the first defendant in C.S. No. It of 1972 for a declaration that he is the real owner of the house and ground No. 7 Jagannathapuram I Street, II Lane Chetpet, Madras, described in the plaint schedule and for a decree directing the defendant to deliver vacant possession of the property. O.S. No. 2771 of 1967 was also filed by the plaintiff in O.S. No. 2960 of 1967 and 1st defendant in C. S. No. 16 of 1972 for a declaration that he is the real owner of the amount due under the suit promissory note and for recovery of a sum of Rs. 1,045 from the second defendant in that suit.

4. During the pendency of the suit C. S. No. 16 of 1972 the first plaintiff died and his legal representatives have been brought on record as plaintiffs 2 to 8 as per the order of the Court dated 12th December, 1973.

5. The plaintiff in C.S. No. 16 of 1972 and the plaintiff in O.S.Nos. 2960 and 2771 of 1967 are brothers being the sons of one C.R. Varadarajulu Naidu. Defendants 2 to 4 in C.S. No. 16 of l972 are the wife and daughters of the first defendant. According to the plaintiff in C.S. No. 16 of l972, he and the first defendant were members of an undivided Hindu family and they both started together the business of running a tea stall at No. 1. Jagannathapuram First Street, Chetpet, Madras in or about the year l947 and though the licence for that tea stall was obtained in the name of the first defendant, yet it was a joint business conducted by the plaintiff and the first defendant with the funds provided by both of them, which funds consisted of the savings which both the plaintiff and the first defendant had made while the plaintiff was employed as a watchman in the Corporation of Madras and the 1st defendant is variously employed and subsequently with the profits earned by the aforesaid tea stall they both started a military hotel under the name and style of Om Sakthi at No. 14, Jagannathapuram II Street, Chetpet, obtaining the licence for the same in the name of the plaintiff and in the year 1952 however the tea stall at No.1, Jagannathapuram First Street, Chetpet, was closed down, but the military hotel was continued and it flourished and earned considerable profits and. with those profits a property bearing door No. 4, jagannathapuram First Street, Chetpet, Madras, was purchased in 1956 in the name of first defendant and in the year 1959 the property bearing door No.7, Jagannathapuram I Street, Second Lane, Chetput, Madras was purchased out of the joint funds in the name of the plaintiff and in the year 1966 another building bearing door No. 14, Jagannattapuram II Street was purchased in the name of Ethirajulu Naidu the maternal unc

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