Common Judgment:

1. The Appellants/Defendants 2 And 3 Have Projected These Second Appeals As Against The Judgment And Decree Dated 25.06.2002 In A.S.No.117 Of 2001 Passed By The Learned Principal District Judge, Chengalpattu And Also, As Against The Judgment And Decree Dated 25.06.2002 In A.S.No.18 Of 2002 Passed By The Learned Principal District Judge, Chengalpattu, In Reversing The Judgment And Decree Dated 20.06.2001 In O.S.No.103 Of 1998 Passed By The Learned Subordinate Judge, Madurantakam.

2. The Plaint Scenario: (I) In The Plaint, The 2nd Plaintiff Has Averred Along With The 1st Plaintiff (Since Deceased) That The 1st Defendant (Later Deceased) And His Two Sons Viz., The 2nd Plaintiff Shanmugam And Panchatcharam Constituted A Joint Family. The 1st Defendant (Since Deceased) Was The Joint Family Manager. He And His Brother Vadivel Sold Their Ancestral Lands At Vilvarayanallur Village, Madurantakam Taluk And Shared The Sale Proceeds Equally As Between Them. Out Of Such Sale Proceeds, The 1st Defendant Purchased The Suit Items 1 To 5 Properties As Per The Sale Deeds Dated 26.09.1966 And 09.07.1971. Therefore, The Suit Properties Items 1 To 5 Are Also The Ancestral Joint Family Properties. The Suit Items 6 & 7 Are The Ancestral Gramanatham Site And A Tiled House Are The Joint Family Properties Of The 1st Defendant, 2nd Defendant And The Deceased Panchatcharam. After The Demise Of Panchatcharam, The Defendants 2 And 3 (Appellants In Both The Second Appeals) Along With The 1st Plaintiff Have Become His Heirs. The Defendants 2 And 3 Filed The Maintenance Suit In O.S.No.345 Of 1990 On The File Of The Learned District Munsif, Madurantakam, By Bringing The Suit Properties Items 1 To 5 For Sale In E.P.No.145 Of 1992 And The Sale Has Been Posted To 20.12.1993. According To The Plaintiffs, Any Such Maintenance Decree Will Not Bind The Share Of The Plaintiffs In Respect Of The Suit Property. Several Attempts For Amicable Partition And Division Of The Suit Properties Failed Due To The Hostile Attitude Of The Defendants 2 And 3. As Such, The Plaintiffs Have Laid The Suit For Partition Of All The Suit Properties.

(ii) In Law, The 1st Defendant Is Entitled To 3/9th Share, 1st Plaintiff Is Entitled To 1/9th Share, 2nd Plaintiff Is Entitled To 3/9th Share, 2nd Defendant Is Entitled To 1/9th Share, 3rd Defendant Is Entitled To 1/9th Share. The Plaintiffs Have Filed The Suit For Partition Of Their 4/9th Share In The Suit Properties.

(iii) The 1st Defendant Manickam Mudaliar Died On 17.12.1994. The Defendants 4 To 8 Are His Legatees And The Legal Representatives Of The Deceased 1st Defendant Claiming Under The Registered Will Dated 05.03.1990 Have Been Impleaded As Legal Representatives Of The Deceased Manicka As Per The Order In I.A.No.9 Of 1999 Dated 04.08.1999. The Defendants 9 And 10, Who Are The Sisters Of The 2nd Plaintiff And Daughters Of The 1st Plaintiff, Are Impleaded As Per The Order In I.A.No.395 Of 1999 Dated 06.10.1999, Claiming Themselves As Legal Representatives Of The Deceased 1st Plaintiff And For Effective Adjudication.

(iv) Under The Circumstances, The Plaintiffs Have Prayed For Passing Of A Decree In Their Favour For Partition Of The Suit Properties In 9 Shares And Allot 4 Such Shares To Them, For Appointment Of An Advocate Commissioner To Divide The Suit Properties Into 9 Shares And Allot 4 Shares To Them And For Ascertainment Of Income From The Date Of Plaint.

3. The Written Statement Pleas Of 2nd Defendant:

(i) The Present Suit Has Been Filed By The 1st Defendant (Manicka) Through The Plaintiffs To Escape From The Maintenance Decree. But The 2nd Defendant Filed A Suit For Maintenance Viz., O.S.No.345 Of 1990 On The File Of The Learned District Munsif, Madurantakam, Which Has Been Decreed As Prayed For. The Properties Have Been Brought For Sale. At The Time Of Sale Only, This Suit Has Been Filed. The 1st Defendant Filed An Appeal In A.S.No.61 Of 1992 Before The Learned Additional Subordinate Judge, Chengalp