0BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2025 CORAM THE HON'BLE MR.JUSTICE G.ARUL MURUGAN S.A.(MD)Nos.339 and 340 of 2018 and C.M.P.(MD)Nos.9561 and 9562 of 2018 S.A.(MD)No.339 of 2018

1.Kakkan

2.Vanitha ... Appellant / 1^st Respondent/

1^st Plaintiff Vs.

1.Thangayya ... 1^st Respondent/Appellant/

Plaintiff

2.Poomalai ... 2^nd Respondent/2^nd Respondent/

2^nd Defendant PRAYER : Second Appeal filed under Section 100 Cr.P.C., against the judgment and decree dated 23.10.2017 passed in A.S.No.52 of 2012 on the file of the Sub Court, Srivilliputhur, reversing the judgment and decree dated 29.07.2011 passed in O.S.No.440 of 2006 on the file of the Additional District Munsif Court, Srivilliputhur.

For Appellants : Mr.J.Selvin Rajesh for M/s.Dictum Law Firm for A2 : A1 died For Respondents : Mr.C.Vakeeswaran for R1 : No appearance for R2 S.A.(MD)No.340 of 2018 Vanitha ... Appellant / 1^st Respondent/

1^st Plaintiff Vs.

1.Thangayya ... 1^st Respondent/Appellant/

2^nd Defendant 2.Varalakshmi

3.M.Kaladevi ... Respondents 2&3/Respondents 2&3/

Plaintiffs 2&3 PRAYER : Second Appeal filed under Section 100 Cr.P.C., against the judgment and decree dated 23.10.2017 passed in A.S.No.53 of 2012 on the file of the Sub Court, Srivilliputhur, reversing the judgment and decree dated 29.07.2011 passed in O.S.No.448 of 2006 on the file of the Additional District Munsif Court, Srivilliputhur.

For Appellant : Mr.J.Selvin Rajesh for M//s.Dictum Law Firm For Respondents : Mr.C.Vakeeswaran for R1 : No appearance for R2 & R3

COMMON JUDGMENT

S.A.(MD)No.339 of 2018 is filed as against the judgment and decree dated 23.10.2017 passed in A.S.No.52 of 2012 on the file of the Sub Court, Srivilliputhur, reversing the judgment and decree dated 29.07.2011 passed in O.S.No.440 of 2006 on the file of the Additional District Munsif Court, Srivilliputhur.

2. S.A.(MD)No.340 of 2018 is filed as against the judgment and decree dated 23.10.2017 passed in A.S.No.53 of 2012 on the file of the Sub Court, Srivilliputhur, reversing the judgment and decree dated 29.07.2011 passed in O.S.No.448 of 2006 on the file of the Additional District Munsif Court, Srivilliputhur.

3. O.S.No.440 of 2006 was filed by the respondents herein, seeking permanent injunction. O.S.No.448 of 2006 was filed by the appellant herein, seeking partition and also for declaration of the sale deed executed by the first defendant in favour of the second defendant as null and void. A common judgment and decree was passed in both the suits and on appeal, a common judgment and decree was passed. Against the common judgment and decree in the Appeal Suits, the present separate second appeals are filed. Hence, the second appeals are heard together and disposed of together.

4. The parties are referred to, as per the ranking before the trial Court in O.S.No.448 of 2006, which is the comprehensive suit.

5. It is the case of the plaintiffs that they are the legal heirs of the first defendant and his wife Poomalai. According to the plaintiffs, the suit property was purchased by the first defendant's mother, viz., Karuppaayammal, by using the money left behind by her husband, viz. Rasu, while he died in the year 1975. It is their specific claim that since the first defendant's mother purchased the property from out of the money left by her husband, it was purchased in her name only for convenience and it is the joint family property and the legal heirs of their grand mother – Karuppaayammal, who are Rajammal, Mariammal and their father first defendant were in common enjoyment of the joint family property. It is their further case that the said Karuppaayammal died intestate in the year 1991 and prior to that the first defendant got married to their mother Poomalai in the year 1987. After the marriage, till the death of Karuppaayammal, they have lived together as a joint family and the plaintiffs were born out of the wedlock of the first defendant. It is their further claim that in view of the wavered life of the first defendant, the