P.D.DINAKARAN, T.V.MASILAMANI
L. H. Vidyapoornan – Appellant
Versus
L. H. Premavathy & Others – Respondent
T.V. Masilamani, J.
The appellant in O.S.A.No.148 of 2000 is the 5th defendant in the suit in C.S.No.522 of 1992 and the respondents 1 to 5 are the plaintiff and the defendants 1, 2, 4 and 6 respectively.
The appellant in O.S.A.No.149 of 2000 is the plaintiff in T.O.S.No.31 of 1998 (5th defendant in C.S.No.522 of 1992) and the respondents 1 to 3 are the defendants 1 to 3 in T.O.S.No.31 of 1998 (defendants 1, 2 and plaintiff in C.S.No.522 of 1992) respectively.
2. Since the learned Single Judge tried both the suits jointly after recording evidence in C.S.No.522 of 1992 and treating the same as the evidence in the other suit also, the parties and witnesses referred to in C.S.No.522 of 1992 are referred to hereunder as they were referred to in the judgment rendered by the learned Single Judge for the sake of convenience. Thus, the common judgment is pronounced with reference to these appeals.
3. The plaintiff in C.S.No.522 of 1992 filed the suit for partition and separate possession of 1/7th share in item Nos.1 to 4 of 'A' schedule and 1/4th share in gold ornaments, silver articles and other articles mentioned in the plaint 'B', 'C' & 'D' schedule. Similarly, the 5th defendant
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