1. The first defendant in O.S.No.105 of 1990 on the file of the Sub Court, Dharmapuri is the appellant.

2. Respondents 1 to 9 filed the above suit for partition of their 7/18 share and also for injunction in respect of C schedule property and the Trial Court passed the preliminary decree holding that respondents 1 to 9 are entitled to 7/18 share and in respect of C schedule property, there shall be an order of injunction restraining the appellant from interfering with the possession of C schedule property by respondents 1 to 8. Aggrieved by the same, this appeal is filed.

3. The case of the plaintiffs is as follows:-

The first defendant and one Arumugam Chetty were the sons of Govinda Chetty and defendants 2 to 4 and one deceased Alamelu were the daughters. Defendants 5 to 8 are the children of the deceased daughter Alamelu. The son Arumugam Chetty died on 3.7.1983 and the first plaintiff is the wife of Arumugam and plaintiffs 2 to 9 are her sons and daughters-in-law. Govinda Chetty was the son of one Arumugam Chetty, who had four sons including Govinda Chetty. The sons of Arumugam Chetty are Govinda Chetty, Shanmugam Chetty, Palani Chetty and Paappu Chetty. Arumugam Chetty and his four sons constituted a Hindu joint family and they owned properties and on 27.6.1929, Govinda Chetty and his brother Shanmugam Chetty executed a release deed in favour of Arumugam Chetty and his two other sons viz., Palani Chetty and Paappu Chetty relinquishing their right in the joint family properties by receiving a sum of Rs.50/- each. Govinda Chetty invested the said sum of Rs.50/- for doing rice business and also later, started Hotel business and from and out of the income from the Hotel business, he purchased the first item of properties in the name of his wife Palani Ammal on 5.8.1937. Though the property was purchased in the name of Palani Ammal, it was treated as the joint family property of Govinda Chetty and his two sons Arumugam and the first defendant/appellant. Originally, the first item of property was the joint family property of Arumuga Chetty and his four sons and after executing the release deed by Govinda Chetty and Shanmugam Chetty, it was owned by Arumugam Chetty and his two sons Palani Chetty and Paappu Chetty and in the partition that took place between Arumugam Chetty on the one hand and Palani Chetty and Paappu Chetty on the other hand on 4.3.1935, the first item of property was allotted to the share of Paappu Chetty and he sold the said property to one Lingappa Chetty on 14.5.1937 and from Lingappa Chetty, the property was purchased by Govinda Chetty in the name of his wife Palani Ammal. It is further stated that Palani Ammal had no income to buy the property and the property was purchased by Govinda Chetty from and out of his income from the joint family business and therefore, it is the joint family property of Govinda Chetty and his two sons. Govinda Chetty also purchased the second item of property from and out of the income from the joint family business on 25.3.1938 and also purchased the third item of property on 2.3.1951 from and out of the income from the Hotel business run by him alongwith his two sons and therefore, all the three items of properties are the joint family properties of Govinda Chetty and his two sons viz., Arumugam Chetty and the first defendant/appellant and the plaintiffs are entitled to 7/18 share in those properties. Govinda Chetty was not in a sound disposing state of mind for about one year prior to his death and he died on 25.7.1975 without leaving any testament and after his death, the properties were enjoyed by the first defendant/appellant and his brother Arumugam Chetty and after the death of Arumugam Chetty, the plaintiffs are enjoying the properties alongwith the first defendant/appellant. Defendants 2 to 4, the daughters of Govinda Chetty filed a suit in O.S.No.179 of 1976 on the file of the Principal Sub Court, Salem for partition of their share in the suit properties and i