A.S.Venkatachalamoorthy, J.: One Jayaraman as plaintiff filed a suit in O.S. No.160 of 1974 on the file of Subordinate Judge, Vellore, (which hereinafter referred to as ‘the first suit’) praying the Court to grant a decree directing division of ‘A’ and ‘B’ scheduled properties into 28 shares and allot to him his 49/168th share and put him in separate possession and enjoyment of the properties that may be allotted to him and for appointment of a Commissioner to divide the suit properties and for other reliefs.

2. In the said suit, his two brothers by name Marappa Reddiar and Kanniappa Reddiar are defendants 1 and 2. Kalangammal, Rajammal and Vedavalli Ammal are defendants 4, 5 and 6 respectively and are the sisters of plaintiff. The third defendant Kullammal is the mother of the plaintiff. Muthappa Reddy is the brother of the third defendant, who is 12th defendant in the suit. Pending proceedings, 3rd, 5th and 12th defendants died and their legal representatives are on record.

3. There are two schedules to plaint ‘A’ and ‘B’. ‘A’ schedule consists of 16 items, while ‘B’ schedule consists of 28 items. Out of the 28 items, items other than 3 to 6 and 20 in ‘B’ schedule are the properties in the name of the first defendant Marappa Reddiar as per the settlement deed, settlor being the third defendant. Documents relating to items 9 to 19 and 27 in ‘B’ schedule stand in the name of the 12th defendant.

4. First defendant Marappa Reddiar in O.S. No.160 of 1974 on the file of Sub Court, Vellore, as plaintiff, filed a suit earlier in O.S. No.176 of 1971 on the file of District Munsif Court, Sholingar, which was later on transferred to the file of Sub Court, Vellore and renumbered as O.S. No.260 of 1974 (which hereinafter referred to as ‘the 2nd suit’). The suit is one for declaration and injunction, filed against Jayaraman as first defendant, who is the plaintiff in the first suit O.S. No.160 of 1974 and Kanniappan as second defendant, who is also second defendant in the first suit. The scheduled properties in the 2nd suit consist of two schedules ‘A’ and ‘B’, which is nothing but ‘B’ schedule in O.S. No.160 of 1974. ‘A’ schedule in O.S. No.260 of 1974 are the properties in the name of Marappa Reddiar, i.e., plaintiff in the 2nd suit and ‘B’ schedule are the properties settled in the name of Marappa Reddiar by mother Kullammal.

5. There was joint trial of these two suits viz., O.S. No.160 of 1974 as well as O.S. No.260 of 1974 and by a common judgment dated 23.10.1980, the learned Subordinate Judge disposed of both the suits and it has been declared that the plaintiff in O.S.160 of 1974 viz., Jayaraman shall be entitled for 8/28th share in the entire ‘A’ Scheduled properties in O.S. No.160 of 1974 and in items 1, 2, 7, 19, 21 to 28 in ‘B’ Scheduled properties. The suit O.S. No.260 of 1974 was dismissed with reference to ‘A’ Scheduled properties in that suit (i.e.) 2nd suit and was decreed with reference to ‘B’ Scheduled properties in that suit.

6. The resultant position is, the plaintiff Jayaraman in O.S. No.160 of 1974 shall be entitled for 8/28th share in the entire ‘A’ scheduled properties and in ‘B’ scheduled properties, except items 3 to 6 and 20. Marappa Reddiar, first defendant in O.S. No.160 of 1974 (plaintiff in O.S. No.260 of 1974) shall be entitled for items 3 to 6 and 20 in ‘B’ Scheduled properties in O.S. No.260 of 1974. The 12th defendant (since dead) in O.S. No.160 of 1974 and the legal representatives D-17 to D-20, who were brought on record are not entitled for items 9 to 19 and 27 in ‘B’ Scheduled properties in O.S. No.160 of 1974.

7. For the purpose of convenience, hereinafter we adopt the cause title as given in O.S. No.160 of 1974 on the file of Sub Court, Vellore.

8. The first defendant being aggrieved by the decree and judgment in O.S. No.160 of 1974 on the file of Sub Court, Vellore filed A.S. No.49 of 1982 before this Court. 18th defendant, who is the legal representative of the 12th defendant filed A.S. No.288 of 1983.

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