COMMON JUDGMENT

The defendants 1 and 3 in the suit are the appellants herein. The 2nd respondent herein is the 2nd defendant and the 1st respondent is the plaintiff in O.S.No.74 of 2004 on the file of the District Court, Kanyakumari District at Nagercoil. The said suit was filed for a decree for partition of plaintiff's 1/3rd share over the plaint schedule properties by metes and bounds and to give separate possession and also for accounts of the monies belonging to Late Mrs.G.P.Victoria Santha Bai received by the 1st defendant including the death cum retirement benefits, pension, LIC, chit funds and other sources. The trial Court partly decreed the suit by judgment and decree dated 31.03.2011. Challenging the same, the defendants 1 and 3 have filed A.S(MD)No.179 of 2011 and the plaintiff filed CROS.OBJ(MD)No.14 2013.

2. Brief facts in the plaint are as follows:-

The plaintiff and 2nd defendant are daughters of the 1st defendant and late Mrs.G.P.Victoria Santha Bai who is the first wife of the 1st defendant. The 3rd defendant is the second wife of the 1" defendant. The parties are governed by the Indian Succession Act. The plaintiff and defendants 1 and 2 are the legal heirs of the said deceased Victoria Santha Bai and they are entitled to 1/3rd share each in the property of the deceased. The deceased was employed as a Teacher and was aged 42 years at the time of her death. The A schedule properties belonged to her. The B schedule properties are the jewels left by her. The C schedule properties are the movable properties left by her. The 1st defendant purchased suit D schedule properties in the name of the 3rd defendant from the funds left by the deceased. The 3rd defendant is only a name lender. The plaintiff and the 2nd defendant are entitled to each 1/3rd share in the D schedule property. Prior to the death of Victoria Santha Bai, the 1st defendant prevailed upon the deceased to sell her ancestral property and the funds were with him and he also received the death cum retirement benefits and pension of the deceased and also received various amounts from the L.I.C and chit funds. He is bound to account for the same. The plaintiff and the 2nd defendant got married and are living separately and they are in joint possession of the plaint schedule properties. Hence the suit.

3. Brief averments in the written statement are as follows:-

The 1st defendant filed a written statement and the same was adopted by the 3rd defendant. In the written statement, the relationship between the parties was admitted. The age of the deceased G.P.Victoria Santha Bai as 42 years at the time of her death was denied as false and it was stated that she was aged 46 years at the time of her death. The properties mentioned in the A schedule property belongs to the deceased except Item No.1 which was purchased by the 1st defendant out of his earnings. They denied the averment that B schedule property left by the deceased. All the jewels of the deceased were given to the plaintiff at the time of her marriage. The defendants 1 and 3 are not in possession of any jewels and they deny that C schedule properties left by the deceased. The movable properties of the deceased consist of only few Eversilver vessels and two or three bronze vessels. All the items in the C schedule was purchased out of the funds of the 3rd defendant. The D schedule property absolutely belongs to the 3rd defendant and the property was not purchased out of the funds of the deceased. The sale of 15 cents of land belonging to the deceased was done out of her own will and the funds were utilized only for her benefit. No such land of 40 cents in Pitchi Thottam is available and it was not sold to anybody. The death cum retirement benefit amounts were not received by the 1st defendant. Only the part payment of the P.F. amount of Rs.9,000/- was received from the P.F. Authorities and the 1st defendant has account for the same. The L.I.C. policy in the name of the deceased got lapsed and a case was