The above appeals arise out of common judgment dated 18.04.2006 made in A.S.No.1 of 2006 and A.S.No.107 of 2005 on the file of the Principal District Judge, Salem. O.S.No.354 of 2000 on the file of the Additional Subordinate Judge, Salem was dismissed and confirmed by the lower Appellate Court in A.S.No.1 of 2006, whereas, O.S.No.642 of 1995 on the file of Additional Subordinate Judge, Salem was reversed by the lower Appellate Court in A.S.No.107 of 2005.

2. The brief facts leading to the above appeals are as follows: The suit in O.S.No.354 of 2000 was filed by the appellants herein namely, Anandayee, Manickam and Anbalagan, seeking declaration with respect to 'A' schedule properties and for declaration and possession with respect to 'B' schedule properties. Similarly, O.S.No.642 of 1995 was filed by the respondents 1 to 3 in S.A.No.220 of 2009, namely, Kala, Sangeetha and Devarajan, seeking partition of 3/4th share in the suit properties. Both the suits were tried in common and disposed of by the common judgment dated 16.11.2004, dismissing them both. As against the same, A.S.No.1 of 2006 and A.S.No.107 of 2005 were filed by the aggrieved parties, which were also disposed of by a common judgment dated 18.04.2006, wherein, the dismissal of suit for declaration and recovery of possession in O.S.No.354 of 2000 was confirmed and dismissal of the partition suit in O.S.No.642 of 1995 was reversed.

2.1. In so far as the relationship of the parties are concerned, the first appellant in both the second appeals namely, Anandayee, is the second wife of Govindasamy, who is arrayed as first and fourth respondent in S.A.Nos.26 and 220 of 2009 respectively. The appellants 2 and 3 are children born to Anandayee and Govindasamy. The respondents in S.A.No.220 of 2009 are the children of the said Govindasamy, through his third wife, Thulasiammal, who was arrayed as second respondent in S.A.No.26 of 2009.

2.2 The first respondent in S.A.No.26 of 2009/fourth respondent in S.A.No.220 of 2009 - Govindasamy was originally married to one Baggiyam and out of the said wedlock, they begot two sons and one daughter. As the father of the first respondent allegedly made overtures towards the said Baggiyam, she was frustrated and attempted suicide along with her three children. In the said attempt, though Baggiyam survived, unfortunately, the children were killed. As a consequence, criminal prosecution was launched against the said Baggiyam and she was convicted. When Baggiyam was undergoing sentence, the said Govindasamy contracted marriage with the first appellant, namely, Anandayee and out of the said wedlock, appellants 2 and 3 were born. Later, when the said Baggiyam was released from the jail, Govindasamy started living with her also and got a daughter by name Chandra. Meanwhile, the said Baggiyam died and Govindasamy married another woman by name Thulasiammal as his third wife, who is the second respondent in S.A.No.26 of 2009. It is stated that the said Thulasiammal divorced her first husband as per the customary practice prevalent in her community and married Govindasamy and three children were born to them are the respondents 1 to 3 in S.A.No.220 of 2009.

2.3. Govindasamy's father had effected a partition deed dated 07.09.1962 between himself and four sons. In the said partition, there is a mention about the earlier partition and the separate possession of their shares. A clause was introduced in the said deed, restricted Govindasamy's right of alienation and encumbrance over his share of the property. There was a further condition that Govindasamy should live only with his wife Anandayee and to maintain his children and in the event of Govindasamy developing extra marital affair, his right over the share of ancestral property shall stand forfeited and the said property shall get transfer to the first appellant herein with life interest and the second and third appellants would get the absolute interest. Despite the above mentioned restric