JUDGMENT :

These two appeals arise out of O.S.No.41 of 2005 and 40 of 2007 on the file of the Additional District Judge, Ramanathapuram. Since the dispute in both the suits related to the succession to the estate of late Palanichamy Thevar both the suits were tried together and disposed of by a common judgment dated 29.01.2010. The suit in O.S.No.41 of 2005 was filed by the defendants 1 to 4 in O.S.No.40 of 2007. The suit in O.S.No.40 of 2007 was filed by the second defendant in O.S.No.41 of 2005.

2. The case of the plaintiffs in O.S.No.41 of 2005 in brief is as follows:-

Some of the properties were ancestral properties of the deceased Palanichamy Thevar and certain other properties were acquired by the family in the name of other members as per the directions of the Palanichamy Thevar. The deceased Palanichamy Thevar had two wives by name Rakkammal and Dharmambal. The marriage between Palanichamy Thevar and Dharmambal is also admitted. The plaintiffs in O.S.No.41 of 2005 are the sons of Palanichamy Thever through his second wife Dharmambal. The 10th defendant is the daughter of Palanichamy Thevar through the second wife Dharmambal. The defendants 1 to 4 are the sons through the first