These appeal suits have been preferred against the common judgment rendered in Original Suit Nos.91 of 1992 and 109 of 1998 by the Principal Subordinate Court, Tirunelveli. 2. The appellant in Appeal Suit No.176 of 2001 as plaintiff has filed Original Suit No.91 of 1992 on the file of the trial Court for the reliefs of partition and separate possession of his 5/16th share in the suit properties, wherein the present respondents have been shown as defendants 2 to 5.

3. The appellant in Tr. Appeal Suit No.282 of 2002 as plaintiff has instituted Original Suit No.109 of 1998 on the file of the trial Court for the relief of perpetual injunction, wherein the present respondents have been shown as defendants 2 to 4.

Original Suit No.91 of 1992 :

4. The nubble of the averments made in the amended plaint is that the first defendant is the father of the plaintiff and defendants 2 & 3. The 4th defendant is the mother of the plaintiff and defendants 2 &

3. The 5th defendant is the wife of the third defendant. The plaintiff and defendants 1 to 3 have constituted a Hindu joint family. The father of the first defendant by name Sri. K.S. Veeraraghava Iyer has practiced as an advocate and he possessed of ancestral house and buildings at Srivaikundam and also possessed of 10.60 acres of nanja land and other punja lands at Thozhappanpannai Village. Even during his life time, he sold 4.10 acres of land which situates in Thozhappanpannai Village, the ancestral house and godown at Srivaikundam. He purchased property in Melaseval Village, which is being called as Achankulam. The first defendant and his elder brother by name K.V. Srinivasan have started a partnership business under the name and style of "Srinivasa Brothers" at Melaseval with the assistance of ancestral funds given by their father. The property which situates in Achankulam Village has been given to the said brother by their father. Out of the profits earned by them, they started a Rice Mill business and also Lorry Transport business under the name and style of "Srinivasa Brothers" Prop. Srinivasaraghavan Transports and after some time, the said brothers have partitioned the Buses and Lorries. The first item in the suit first schedule is ancestrally belonged to the first defendant and his brothers. In a partition, the said property has been allotted to the share of the first defendant. Therefore, the first item of the suit first schedule has become an ancestral property of the plaintiff and defendants 1 to 3. The plaintiff and second defendant have been residing in the said house. The third defendant has resided in the said house for some time and now he is residing in Vannarapettai, Tirunelveli. The plaintiff has finished his studies in the year 1970 and he started to assist his father and also paternal uncle in their business. The second defendant has completed his studies in the year 1974 and since he is a qualified engineer, he got appointment out-side. The third defendant, after finishing his studies, has also joined with the first defendant in the business. Out of joint efforts of the plaintiff and defendants 1 to 3, they purchased number of vehicles. In a partition effected between the first defendant and his brother K.V. Srinivasan, the first defendant has been given 5 Lorries and four Buses. After partition, the plaintiff and defendants 2 & 3 have worked in the transport companies of the first defendant. Out of their joint earnings and also out of joint family nucleus, the first defendant has started so many new businesses. Due to mis-understanding between the third defendant and plaintiff, the first defendant has taken one side. During January 1991 a mediation has taken place in the presence of elders of the family. The first defendant has agreed to divide all the properties amicably. He worked out value of his shares and also value of shares of his sons and it will show that all the properties are the joint family properties. Out of the joint family funds, the fir