JUDGMENT:-These two appeals arise out of a suit for partition and separate possession, attacking the alienations made by the father of the plaintiffs. The five plaintiffs are the sons of Guruswami Iyer, the first defendant in the suit. Vembu Iyer, the second defendant, and Ayyasami Iyer, the third defendant, are the elder brothers of the first defendant and they are some of the alienees of the properties belonging to the family of the first defendant. It is common case that there had been an oral partition amongst the three brothers, namely the defendants 1 to 3, in 1943. It is also not in dispute that the first defendant and his five sons (the plaintiffs) constituted a Hindu joint family. It owned certain agricultural lands in Mayuram Taluk, Thanjavur District, to be specific in two villages, namely Melanallur and Arumozhi Devan villages. It also owned two house properties and some lands in Tiruvannamalai. The properties situate in Tiruvannamalai are described as items 1 to 6 in the A schedule to the plaint while the lands in Mayuram taluk are described in the B schedule as items 1 to 37 thereof.

2. The first defendant started alienating the properties from 1945 onwards. The first

Click Here to Read the rest of this document