1. The plaintiff and the seventh defendant, being aggrieved by the judgment and decree, dated 30.09.1997, passed in O.S.No.1101 of 1987 on the file of the Subordinate Court, Coimbatore, have filed A.S.Nos.332 of 1999 and 281 of 2000, respectively.

2. For the sake of convenience, the parties to the appeals are referred to as per their ranking in the suit.

3. The case of the plaintiff in O.S.No.1101 of 1987 is as follows:-

Late Rangasamy, Kumarasamy, the first defendant and K.Chinnasamy, the fourth defendant are the sons of late Kandasamy Gounder. They constituted a Hindu Joint Family which possessed ancestral properties, which are shown as Item Nos.1 and 2 of plaint Schedule A. Inspite of a Deed of Partition, the brothers continued to live jointly and carried on business jointly, led by elder brother Rangasamy, the brothers jointly ventured into several businesses like running a rice mill, match factory, sizing unit, power looms etc., the brothers were also carrying on business in timber and had taken coup contracts. The ancestral lands and enormous income there from contributed the capital and nucleus for the aforesaid businesses. From the income and profits derived by joint exertion from the aforesaid businesses and ancestral properties, numerous investments were made and several properties were acquired in Karumathampatti, Poomalur, Samalapuram, Veerakeralam, Coimbatore, Coonoor and other places by the family. In 1954, the brothers, purchased a rice mill named and known as Lakshmi Rice Mills, which was subsequently named as Lakshmi Rice Mills and Match Factory. The premises was ultimately converted into a Spinning Mills (now known as Swamy Textiles) in the year 1977, which property is shown as Item No.1 in Schedule B. Item No.2 in Schedule B was purchased by the brothers from the joint income in the year 1958 in the name of all the three brothers. Item No.3 of Schedule B was purchased in 1962-1963 in the name of all the brothers from the joint family income. In 1963 a site was purchased and a palatial construction was put up wherein the brothers continued to live jointly from 1964 and the same is shown as Item No.4 of Schedule B.

4. The eldest brother Rangasamy was the President of Karumathampatti Town Panchayat for ten years and Chairman of Sulur Panchayat Union for five years. He was a successful businessman. He was killed in a motor accident on 27.05.1967, when he was only 44 years, leaving behind a widow, the seventh defendant. The seventh defendant was not much educated beyond the school level. The plaintiff and the tenth defendant are the sons of Rangasamy and the seventh defendant. The eighth defendant is their daughter. At the time of the death of Rangasamy, the plaintiff was aged about 11 years and studying in school and the tenth defendant who was then aged 19 years was was undergoing training at National Defence Academy at Kadakavalsa at Pune. All the properties, assets and businesses came into the hands of the first defendant. The heirs of late Rangasamy left themselves and their properties under control and protection of the first defendant in utmost faith, reposing trust and confidence in him. The plaintiff looked upon the first defendant as their protector and guardian and obeyed his instructions and directions without any question or demur. A sum of Rs.1,00,000/- received from the Life Insurance Corporation on the demise of Rangasamy was handed over to the first defendant which was also ploughed into the assets and business of the family. The said amount was mainly responsible in the growth and development of the business and the properties. In 1968, the plaintiff took up an LIC Policy for Rs.25,000/-wherein he has designated the first defendant as the nominee. The seventh defendant was taken as a partner in the place of Rangasamy.

5. In 1969, a land was purchased and a factory was put up wherein a sizing unit in the name of Sri Ranga Vilas Warping and Sizing Factory is functioning, which is sh