This Appeal Suit has been filed under Section 96 of the Code of Civil Procedure, by the plaintiffs in Original Suit No.146 of 1988, aggrieved by the Judgment and decree of the learned Sub Judge, Thanjavur, dated 27.01.1992, dismissing the Original Suit.

2. Original Suit No.146 of 1988 had been filed seeking partition and separate possession of 8/21st share in the suit property. C.M.P(MD)No.3864 of 2017 has been filed by the appellants under Order 41, Rule 27 of the Code of Civil Procedure to file as an additional document, a sale deed dated 15.07.1944 and registered as Document No.2132/1944. C.M.P(MD)No.4160 of 2017 has been filed by the respondents 4 and 5 in the appeal under Order 41, Rule 27 of the Code of Civil Procedure, seeking to take as additional evidence, a registered Will executed by the deceased first defendant dated 01.11.2004 and her Death Certificate and also Award of the Lok Adalat, Thanjavur in A.S.No.12 of 2013, dated 11.11.2014 passed in pursuance of a memo of compromise, dated 03.11.2014. Permission was also sought to file as additional documents, the plaint and written statement in Original Suit No.155 of 2010, which was also a suit with respect to allied properties, in the Principal Sub Court, Thanjavur and also a notice dated 13.06.1963 from the Survey Department. As it is well settled that applications under Order 41, Rule 27 of the Code of Civil Procedure, have to be heard along with the main appeal, Common Order is passed in the above Civil Miscellaneous Petitions as well as Judgment in this Appeal Suit.

3. Original Suit No.146 of 1988, as stated above, has been filed by the plaintiffs for partition and separate possession of their undivided 8/21st share in the suit property. The suit property is measuring 2.91 acres in patta No.146, Punja Survey No.207/2, Pillaiyarpatti Village, Thanjavur Taluk, Vallam Sub-Registry, Thanjavur Registration District.

4. According to the plaintiffs, the suit property was the ancestral property of Thangavel Oorthiyar. Thangavel Oorthiyar died in the year 1972. He had three wives. They pre-deceased him. He did not have any issue through his first wife Rethinathammal. He married for a second time, a lady called, Subhammal. Through her, he had two daughters and one son. The first daughter Kamu @ Kamakshi was the second defendant in the suit. The second daughter Saidambal was the third defendant in the suit. His son Rethinasami died prior to institution of the suit and consequently, his widow Amsavalli was shown as first defendant in the suit. Thangavel Oorthiyar also had a third wife Sornathammal. Through her, he had one son and three daughters. The son was called Palanimanickam and died in the year 1983. The plaintiffs are the wife Pattu and children of Palanimanickam and Pattu. There was yet another son by name Kootharasan, who was shown as the ninth defendant. There were also three other daughters, who did not join with the plaintiffs and they were Pushpam, shown as the sixth defendant, Selvam shown as the seventh defendant and Pattu shown as the eighth defendant.

5. According to the plaintiffs, since the property was the ancestral property of Thangavel Oorthiyar, during his life time and since in the year 1972, when he died, the male members alone were co-parceners to the joint Hindu family property, Thangavel Oorthiyar was entitled to an undivided 1/3rd share and his two other sons, namely, Rethinasami through his second wife Subhammal and husband of the first defendant Amsavalli was entitled to another 1/3rd share and Palanimanickam, the husband of the first plaintiff and father of the other plaintiffs and defendants 6, 7, 8 and 9, was entitled to the remaining undivided 1/3rd share. On the death of Thangavel Oorthiyar, it is claimed that his 1/3rd share further devolved on all his children equally. He had seven children and consequently the branch of the plaintiffs was entitled to 1/7th undivided share and therefore the plaintiffs claimed undivided 8/21st share