R. Subbiah, J.

1. These Original Side Appeals have been filed as against the common judgment and decrees dated 26.06.2014 passed by the learned Single Judge in C.S.No.75 of 2010 and Tr.C.S.No.128 of 2011. By the common Judgment dated 26.06.2014, the learned Judge dismissed C.S.No.75 of 2010 and partly allowed Tr.C.S.No.128 of 2011 and directed the defendants 1 and 2 therein to deliver vacant possession of the property mentioned in the plaint, within three months from the date of decree.

2. The appellant herein namely K.P. Subburaj has filed C.S.No.75 of 2010 for the following reliefs:

(i) To pass a judgment and decree:

(a) to declare the sale deed dated 25.11.2009 executed by the first defendant in favour of the defendants 3 and 4, registered as Document No.2397 of 2009 in the office of the Sub-Registrar, Mylapore, as null and void;

(b) to pass a preliminary decree for partition and separate possession of the plaintiff's half share in the properties described in Item Nos.1 to 3 in the plaint schedule properties;

(c) for rendition of accounts by the defendants 1 and 2 in respect of the income from the said properties for the last two years prior to the date of filing of this suit and to direct the defendants 1 and 2 to pay half share of income (mesne profits) from the said properties;

(d) to pass a final decree in terms of the preliminary decree to be passed as per prayer (b) above;

(e) for permanent injunction restraining the second defendant from executing a sale deed/sale deeds in favour of the fifth defendant or any other person/s in respect of his share in Item No.3 described in the plaint schedule properties, and

(f) to pass an order directing the contesting defendants to pay the plaintiff the costs of the suit.

3. The defendants 3 and 4 in C.S.No.75 of 2010 have filed Tr.C.S.No.128 of 2011 for the following reliefs:

To pass a judgment and decree:

(a) to direct the defendants 1 and 2 to hand over vacant possession of the property measuring 450 Sq.Ft. morefully described in the plaint schedule property;

(b) to direct the first defendant to pay Rs.15,000/- per month as damages for use and occupation of the suit schedule property from January 2010 till handing over of the suit property, and

(c) for costs of the suit.

4. For the sake of convenience, the parties herein are referred to as they are ranked in C.S.No.75 of 2010.

5. Brief plaint averments in C.S.No.75 of 2010 are as follows:

(a) The appellant/plaintiff (Subburaj) is the only son of the defendants 1 and 2/respondents 1 and 2 herein. The plaintiff is employed in a software company by name I-Flex Solutions. On 28.11.2004, the plaintiff got married to one Mrs.Ramya, daughter of M.V.Venkatasamy of Srivilliputhur.

(b) As part of his employment with M/s.I-Flex Solutions, the plaintiff had been to Australia from 23.11.2008 and before leaving India, for Australia, the plaintiff and his wife were living together in the front portion of Door No.8/2 (Old No.6), Karaneeswarar Koil Street, 2nd Lane, Mylapore, Chennai-600 004, which is described as Item No.1 of the plaint schedule properties. The parents of the plaintiff, namely the defendants 1 and 2, were living in the rear portion of the said property.

(c) During the plaintiff's absence, his parents, the defendants 1 and 2 did not look after his pregnant wife and it was only her parents who took care of her. After delivery, the plaintiff's wife was residing along with her parents at Srivilliputhur. When the plaintiff returned to Chennai on 16.12.2009, to his shock and surprise, he could not find his parents in the rear portion of the said premises wherein they were living. On enquiry, the plaintiff came to know that the defendants 1 and 2, in order to deprive the plaintiff of his due share in the properties described in the plaint schedule, with ulterior motive, executed a sale deed in favour of the defendants 3 and 4 on 25.11.2009. According to the plaintiff, the said sale deed dated 25.11.2009 in favour of the defendants 3 and 4 is s