P.KALAIYARASAN, J.

Challenging the common Judgment and Decree, decreeing the suit for specific performance in O.S.No.11 of 2006 and dismissing the suit for partition with respect to Item No.1 of the property, defendants 2 to 4 in O.S.No.11 of 2006 and the plaintiff in O.S.No.18 of 2009 filed A.S.No.437 of 2011 and A.S.No.480 of 2011 respectively.

2. O.S.No.11 of 2006 has been filed for specific performance by Bakkiyam against T.L.Jagadeesan, his wife J.Alamelu and children T.J.Raghupathi, J.Pasupathi and Jaya Vidhya. After the demise of T.L.Jagadeesan, his daughter Jaya Vidhya filed O.S.No.18 of 2009 against his brothers, mother and the agreement holder for partition with respect to the properties including the property covered under the sale agreement in the above mentioned suit.

3. The plaint averments in O.S.No.11 of 2006 is as follows:

(i) The suit property comprising of 34 3/4 cents in S.F.No.159/2A of Kailasampalayam Thiruchengode Taluk belongs to the first defendant T.L.Jagadeesan. He purchased this property along with his brother Manickam in the year 1961 and then partitioned among themselves in 1987 and therefore, it is a self-acquired property. T.L.Jagadeesan, his wi