A. Selvam, J.

1. Challenge in these Appeal Suits is to the common judgment and decrees dated 03.01.2014 passed in O.S.Nos.327 and 328 of 2013, by the Principal District Court, Tiruppur.

2. The respondents 1 and 2 in A.S.No.221 of 2014, as plaintiffs, have instituted Original Suit No. 328 of 2013, on the file of the trial Court, praying to pass a preliminary decree of partition to an extent of 2/4 shares of the plaintiffs and also praying to cancel the release deed dated 26.07.2004 and also for the relief of permanent injunction, wherein, the present appellants and remaining respondents have been arrayed as defendants.

3. The appellant in A.S.No.220 of 2014, as plaintiff, has instituted O.S.No.327 of 2013, on the file of the trial Court for the reliefs of declaration and recovery of possession, wherein, the present respondents have been arrayed as defendants.

4. The material averments made in the amended plaint filed in O.S.No.328 of 2013 can be summarised as follows:

The plaintiffs are the son and daughter of the first defendant, born through his first wife. The second defendant is the second wife of the first defendant and third defendant is their minor son. The family of the first defendant has owned extensive agricultural lands ancestrally in Semmandampalayam Village, Avinashi Taluk. A registered partition has taken place on 30.5.1955 between great grandfather of the plaintiffs and his two sons, namely, Marappa Grounder and Rengasamy Grounder, wherein, an extent of 3.19 acres of land with a well have been allotted to the share of Marappa Gounder. The grandfather of the plaintiffs, viz., Marappa Grounder and his two sons, namely, first defendant and his brother Ramasamy have jointly sold the said 3.19 acres under a Registered Sale deed dated 29.5.1985 in favour of one Sennimalai Grounder for a sum of Rs.30,000/-, for the purpose of purchasing some other properties. The suit first item has been purchased by utilising joint family income, in the names of the first defendant and mother of the plaintiffs, under two registered deeds dated 15.11.1988. The first defendant, by utilising the income derived from joint family properties, has started a company under the name and style of 'M/s. Texwell Exports'. The suit first item is a joint family property. Out of the income derived from suit first item, the first defendant has purchased the suit 3rd item by virtue of sale deed dated 10.06.1992. The first defendant has purchased the suit second item by virtue of sale deeds dated 9.2.1996, 28.5.2007 and 15.07.2008 in the name of second defendant. Thus, all the suit properties are joint family properties. The mother of the plaintiffs has passed away in the year 1993. On 26.7.2004, the first defendant has fraudulently obtained a release deed from the plaintiffs. The plaintiffs have not received the consideration mentioned therein and therefore, the release deed dated 26.7.2004 is void. The defendants 1 and 2 have created certain sale deeds in favour of some of the defendants. Since all the suit properties are the joint family properties, the plaintiffs and defendants 1 and 3 are each entitled to get 1/4th share. Despite of repeated demands made by the plaintiffs, the first defendant has not conceded to effect partition. Under the said circumstances, the present suit has been instituted for the relief’s sought therein.

5. The material averments made in the written statement filed by the first defendant and adopted by the defendants 2 and 3 can be summarised as follows:

The first defendant is the second son of Marappa Gounder. He started his career as a lorry cleaner and subsequently, he has become an Office Assistant at Sri Maruthi Transport, Tiruppur in the year 1965. In the year 1968, he has become a lorry driver. During that period, he has had acquaintance with one Jupiter Knitting Company owner. The first defendant has been employed as a cutting Master in the said company from 1975 to 1978. Thereafter, he has become a partner along