Properties cannot be presumed joint family properties unless proven to derive from sufficient income or surplus of ancestral properties.

JUDGMENT

(Prayers: This appeal is filed under Section 96 r/w Order 41 Rule 1 of the Code of Civil Procedure, to set aside the judgement and decree made in O.S.No.2 of 2006 dated 30.08.2011 on the file of the Additional District Judge, (Fast Track Court No. III) Viruddhachalam.

This appeal is filed under Section 96 r/w Order 41 Rule 1 of the Code of Civil Procedure, to set aside the judgement and decree made in O.S.No.1 of 2006 dated 30.08.2011 on the file of the Additional District Judge, (Fast Track Court No. III) Viruddhachalam.

This appeal is filed under Section 96 r/w Order 41 Rule 1 of the Code of Civil Procedure, to set aside the judgement and decree made in O.S.No.3 of 2006 dated 30.08.2011 on the file of the Additional District Judge, (Fast Track Court No. III) Viruddhachalam.

This appeal is filed under Section 96 r/w Order 41 Rule 1 of the Code of Civil Procedure, to set aside the judgement and decree made in O.S.No.4 of 2006 dated 30.08.2011 on the file of the Additional District Judge, (Fast Track Court No. III) Viruddhachalam.)

Common Judgement

R. Subramanina, J.

1. These Appeals arise out of four different suits seeking reliefs of partition, permanent injunction (two suits) and declaration between members of a family. They were tried together and disposed of by way of a common judgment, hence these Appeals are taken up together for disposal. The parties are referred to as per their rank in OS No.2 of 2006 which is a comprehensive suit for partition.

2. The comprehensive suit is the suit for partition in OS No.2 of 2006, the plaintiff therein is the elder son of one Velayudha Padayachi. The Genealogy traced by the plaintiff is as follows:

“IMAGE”

3. According to the plaintiff, the family of Ramasamy Padayachi originally hailed from Ogalur Village, a Village now in Perambalur District. The family was possessed of vast extent of lands in the said Village and they belonged to the joint family of the plaintiff, the first defendant and their father Periyasamy Padayachi. The family also had a tiled house, vacant-site, cattle shed, drying yard etc. The main avocation of the family was agriculture and the lands were very fertile and they were yielding a very good income leaving a surplus.

4. Another brother of the plaintiff and the first defendant by name Kanagaraj died in 1992 issueless. The father of the plaintiff and the first defendant Periyasamy Padayachi died in the year 1974, leaving the plaintiff, the first defendant, the deceased Kanagaraj and the third defendant his widow as his only heirs. Even during the life time of Periyasamy Padayachi, the family sold a portion of the land in Ogalur Village and purchased lands in Kodumanur Village as well as in Virudhachalam. The plaintiff, who is the eldest son, joined the Police service in the year 1971. On the death of Periyasamy Padayachi in 1974, the first defendant Rajendran took over the administration of the assets of the family since the plaintiff, who is the eldest son, happened to be in Police service.

5. The first defendant who was in complete control and management of the properties of the family had purchased properties in his name and in the name of th