The sons of a Hindu father take his self-acquired property as tenants in common and not as joint family property.

RAMAPRASADA RAO, C.J. :- As against a common judgement rendered by the Subordinate Judge, Tiruchirapalli, in O.S. No. 124 of 1964 and O.S. No. 161 of 1965, the above appeals arise. The plaintiffs in O.S. 124 of 1964 are the appellants in A.S. 141 of 1972 and the same three plaintiffs as above, who are defendants 4 to 6 in O.S. 161 of 1965 are the appellants in A.S. 142 of 1972. Both the suits are laid as suits for partition. We shall consider the relative claims of parties in the course of our judgement. In the court below evidence was recorded in O.S. 124 of 1964. The first plaintiff in O.S. 124 of 1964 who is the 4th defendant -

in O.S. No. 161 of 1965, examined himself as P.W. 1. The first defendant in O.S. 124 of 1964, who is also the first defendant in O.S. No. 161 of 1965, examined himself as D.W. 1 and the plaintiff, 8th defendant, 13th defendant, 17th defendant and 17th defendant in O.S. 161 of 1965 have examined themselves as D.Ws. 2, 3, 4, 5 and 6 respectively. We shall maintain in these appeals such references to parties for purposes of convenience. The geneological tree showing the relationship of the parties are set out hereunder for ready reference. The description of the parties are as set out in O.S. 161 of 1965.

The common ancestor was one Pinnan Muthirian hereinafter referred to as Pennan-1. He had three sons Pennan Ambalakaran, who died in the year 1906, hereinafter referred to Pennan II and Chinnan Ambalakaran and Vellian Ambalakaran. Pennan II in turn had three sons, the first son called Ponnan Muthirian Ambalakaran hereinafter referred to as Pennan III, the second son Vellian and the third son Anaikutti. Pennan III married twice. Through his first wife, Nallangal he had defendants 1, 2 and 3 and through his second wife Perikkal, who was originally the 7th defendant in the suit, and who died pending suit, he had defendants 4, 5, 6, who in turn are the plaintiff in O.S. 124 of 1964. Vellian had one son, who is the plaintiff. Anaikutti had four sons, who are defendants 8, 9, 10 and 11. The description of the above parties exhausts the line of Pennan-II. We now come to Chinnan Ambalakaran, the second son of Ponnan I. He had 4 sons. The only surviving members in this branch are defendant 12, who also died, in the course of the suit, defendant 13, defendant 14, defendant 15, who died pending suit and defendant 16. Vellian Ambalakaran, the third son of Pennan-1 left behind defendants 17 and 18. This defendant 17 died during the pendency of the appeals and his legal, representatives have been brought on record. Even so defendant 18 died during the pendency of the appeals and his legal representatives have also been brought on record in these appeals. There is no showing in the record as to what were the properties left by Pennan I. In the schedule to the plaint in O.S. 161 of 1965, which is the main suit, the properties left by Pennan II at the time of his death in June 1906 and the properties acquired in the name of Pennan II from the years 1906-1951 are the subject matter of this and the other suit O.S. 124 of 1964. The properties which were left by Ponnan II are all detailed in Schedules A1, B1 C1, D1 and E1 appended to the plaint in O.S. 124 of 1964. The properties which were acquired in the name of pennan III are described in Schedules A, B, C, D to that plaint. Plaintiffs and defendants 8 to 11 in O.S. 161 of 1965, make common cause as against defendants 1 to 6 therein. Defendants 4 to 6 in O.S. 161 of 1965 who are the plaintiffs in O.S. 124 of 1964 are the contesting defendants and hence, they are the appellants in A.S. 142 of 1972. Defendants 17 and 18 in O.S. 161 of 1965 have filed a memorandum of cross-objections in A.S. 142 of 1972. The case of the plaintiffs and defendants 8 to 11 (as already stated they are referred to as such in O.S. 181 of 1965) is that all the properties described in schedules A, B, C and D and the sum and substance of which are contained in the schedules