A.S.Nos.662 of 2018 & 387 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

A.S.Nos.662 of 2018 & 387 of 2021

and

C.M.P.No.17269 of 2021

A.S.No.662 of 2018

Thirumoorthy

.. Appellant

Vs.

1.Nagamani

2.Natarajamoorthy

3.Velmani

4.Muthulakshmi

5.Mahalakshmi

.. Respondents

A.S.No.387 of 2021

Natarajamoorthy

.. Appellant

Vs.

1.Nagamani

2.Thirumoorthy

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A.S.Nos.662 of 2018 & 387 of 2021

3.Velmani

4.Muthulakshmi

5.Mahalakshmi

.. Respondents

Common Prayer: Appeal Suit is filed under Section 96 of the Civil

Procedure Code, to set aside the judgement and decree dated 29.08.2017

made in O.S.No.138 of 2013 on the file of the Court of the III Additional

District and Sessions Judge, Coimbatore.

For Appellant in

A.S.No.662 of 2018

: Mr.R.Nandhakumar

For Appellant in

A.S.No.387 of 2021

: Mrs.M.Revathi

For Respondents in

A.S.No.662 of 2018

:

(for R1)

: Mr.K.P.Shanthosh

(for R2)

: Mrs.M.Revathi

(for R3)

: No Appearance

(for R4 & R5)

: Mr.Kandhan Duraisami

For Respondents in

A.S.No.387 of 2021

:

(for R1)

: Mr.K.P.Shanthosh

(for R2)

: Mr.R.Nandhakumar

(for R3)

: No Appearance

(for R4 & R5)

: Mr.Kandhan Duraisami

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A.S.Nos.662 of 2018 & 387 of 2021

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

Among two appeal suits on hand, one appeal in A.S.No.662 of 2018

has been filed by Mr.Thirumoorthy, who is the first defendant in

O.S.No.138 of 2013. The other appeal in A.S.No.387 of 2021 has been filed

by Mr.Natarajamoorthy, S/o.Thirumoorthy, who is the second defendant in

O.S.No.138 of 2013. Both the appeal suits are filed against the judgment

and decree passed in O.S.No.138 of 2013. Thus, the two appeals are heard

together for consideration.

2. The parties are referred as per the ranking in the trial Court.

3. The suit has been instituted claiming that the suit properties are

ancestral and joint family property of Late Pongia Gounder and his father

late Kutty Gounder. Late Kutty Gounder died leaving his only son Pongia

Gounder. Pongia Gounder died leaving his son Thirumoorthy/first

defendant. The defendants 3 to 5 are the daughters of Thirumoorthy and the

second defendant is the son of Thirumoorthy. The said Pongia Gounder had

two wives, and had two sons, namely, Chinnasamy Gounder and Ramasamy

Gounder through his first wife.

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A.S.Nos.662 of 2018 & 387 of 2021

4. In a partition between the Pongia Gounder and two sons

Chinnasamy Gounder and Ramasamy Gounder, properties were allotted to

them. After allotment of the properties to the first wife's sons, rest of the

properties, being ancestral joint family properties, belonged to the plaintiff

and defendant as heirs, through his second wife. The plaintiff would also

claim that plaintiff and the defendants contributed Rs.2,00,000/- each as

capital and had started a power loom business in the name and style of

Lakshmi Textiles. The plaintiff states that the defendants did not come

forward for partition and later the first defendant had executed two

settlement deeds clandestinely on 08.09.2010 and on 21.12.2011. The

plaintiff states that the suit properties are joint and ancestral properties and

therefore, the settlement deeds executed by the first defendant are null and

void.

5. The defendants 1 and 2 filed a common written statement denying

the plaint averments. The defendants 1 and 2 have stated that the suit

properties are self acquired properties in the hands of Pongia Gounder as the

same devolved upon him as the only legal heir of Kutty Gounder. The first

defendant inherited the said properties after the death of Pongia Gounder as

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A.S.Nos.662 of 2018 & 387 of 2021

class-I legal heir. The other claim of the plaintiffs that they have invested

money for starting power loom busine