1. The plaintiff in O.S.No.300 of 1991 on the file of the Additional Subordinate Court, Mayiladuthurai is the appellant in A.S.No.176 of 1998 and the first defendant in the said suit is the appellant in A.S.No.673 of 1998.

2. O.S.No.300 of 1991 was filed by the plaintiff for partition of her 1/3 share in the suit properties. The case of the plaintiff is that all the suit properties originally belonged to Arunachalam Pillai, the maternal grandfather of the plaintiff and the defendants 1 and 2. The defendants 1 and 2 are the brothers of the plaintiff. Their father Rajamanickam Pillai deserted the plaintiff’s mother, who was the only daughter of Arunachalam Pillai and therefore, the plaintiff, the defendants 1 and 2 and their mother were taken care of by the maternal grandfather Arunachalam Pillai. They were brought up by Arunachalam Pillai.

3. The said Arunachalam Pillai was a native of Kuttalam, Mayiladuthurai Taluk and he was an agriculturist. He was owning immovable properties, house, nanja and punja lands at Kuttalam. Originally, he was the agent in the estate of C. Marudavanam Pillai of Menankudi, Nannilam Taluk. He sold his properties at Kuttalam and purchased nanja punja lands at Eduthukkatti Sathanur village and near to Kaduvankudi for his benefit and that of his wife and grandchildren/the plaintiff and the defendants 1 and 2.

4. The A and B schedule properties were purchased by Arunachalam Pillai in his name and he purchased C and D schedule properties in the name of the second defendant and therefore all the suit schedule properties of A to D were the properties of Arunachalam Pillai. The house was constructed in item 2 of B schedule property and therefore, it also belonged to the estate of Arunachalam Pillai.

5. The first defendant was working in the Judicial Department as Attender at Mayiladuthurai and the second defendant was not employed and the marriages of the plaintiff and the defendants 1 and 2 were celebrated by the grandfather. The grandfather also provided funds to the defendants 1 and 2 to start two circulation schemes in the name and style of Kalaimathi Saree Circulation and Kalaimathi Eversilver Circulation and the businesses were run by the second defendant and by the wife of the first defendant and both the business were treated as family businesses of Arunachalam Pillai and they were run by the family consisting of Arunachalam Pillai and three grandchildren.

6. The E schedule house was constructed in item 2 of B schedule property by Arunachalam Pillai out of his earnings and saved from agriculture income and also the income from the two circulation schemes and all the properties were enjoyed by Arunachalam Pillai as his own properties and he died on 14.11.1978 intestate leaving behind the plaintiff and the defendants 1 and 2 as the legal heirs to the estate of Arunachalam Pillai and also the properties mentioned in schedule A to E. Therefore the plaintiff is entitled 1/3 share in the suit properties. The first defendant is living in the A schedule house and the second defendant is living in the first floor of the building constructed and mentioned as E schedule property and there are three independent portions in the ground floor of the E schedule property and they are let out to the defendants 4 to 6.

7. After the death of Arunachalam Pillai, the defendants 1 and 2 had developed hostile attitude towards the plaintiff and stopped giving the plaintiff’s legitimate share from the income. The first and second defendants also sold 5 cents of lands in items 3 and 4 of B schedule properties and also sold the C schedule properties to the third defendant with ulterior motive. The defendants 1 and 2 also sold an extent of 3.21 acres in the D schedule properties to the 9th defendant and also entered into an agreement with the defendants 7 and 8 to sell the D schedule items 1 to 5, 7 and 8. The defendants 3 and 7 to 9 are the purchasers and the defendants 4 to 6 are the tenants and therefore, they are impleaded