C O M M O N J U D G M E N T

S.A.No.690 of 2020 arising out of a suit in O.S.No.1018 of 2010 for partition filed by the appellant herein against the respondents. SA.No. 691 of 2020 arising out of O.S.No.123 of 2009 for the relief of delivery of possession, filed by the first defendant in OS.No.1018 of 2010 as the plaintiff. The appellant and the respondents in both the appeals are the children of one deceased Marnadu.

2. Pleadings in O.S.No.123 of 2009:-

(a) Brief averments of the plaint in OS.No.123 of 2009:-

According to the plaintiff, the suit property is absolute property of the plaintiff by virtue of the Sale deed dated 09.12.1999. The defendants 1 to 5 are his siblings, and on the permission granted by the plaintiff, they have been residing in the first and second floors of the suit property. Whereas, the plaintiff is residing in the ground floor. According to this plaintiff, the possession of the defendants is under the permission of the plaintiff. It is the submission of the plaintiff that the defendants has their own houses and let out their house and receiving rents. Now that the first and second floors are required for the plaintiff. When the plaintiff requested the defendan