Common Judgment:

1. A.S.No.215/1996 has been directed against the decree and Judgment in O.S.No.31 of 1990 on the file of the Court of Subordinate Judge, Nagapattinam. A.S.No.266 of 2000 has been directed against the decree and Judgment in O.S.No.74 of 1997 on the file of the Court of Subordinate Judge, Nagapattinam.

2. The admitted facts in both the appeals are that Mahalingam and Rajammal had three daughters and one son viz., Kamalambal, Vedambal, Jayalakshmi and one Ganapathy. It is further admitted that another son of the said couple Mahalingam and Rajammal died unmarried. One of the daughters by name Jayalakshmi, the plaintiff in O.S.No.31 of 1990, the first defendant in O.S.No.74/1997 is the sister of Ganapathy. The children of the said Ganapathy have filed O.S.No.74 of 1997, against their fathers sister, Jayalakshmi (plaintiff in O.S.No.31 of 1990(their aunt). O.S.No.31 of 1990 was filed by Jayalakshmi for partition of half share in the plaint schedule properties. The plaintiffs in O.S.No.74 of 1997 have filed the said suit for partition of their 3/4th share in each item of the plaint schedule properties to the plaint in O.S.No.74 of 1997. The plaint "A" schedule