COMMON JUDGMENT

(R.SUBBIAH, J.,)

In the present appeals, challenge is made to the common judgement and decree dated 13.12.2010 passed in O.S.No.48/2008 and O.S.No.181/2010, wherein and whereby the learned Additional District Judge (FTC-II), Cuddalore has dismissed the suit in O.S.No.48/2008 filed by the appellants in A.S.No.78/2011 for partition and separate possession of 3/4 in the suit property and decreed the suit in O.S.No.181/2010 filed by the respondent in A.S.No.77 of 2011 (3rd respondent in A.S.No.78 of 2011), for declaration declaring her exclusive title over the suit property and for permanent injunction.

2.The appellant Ilavarasi Ramanathan in A.S.No.77 of 2011 is the defendant in O.S.No.181 of 2010 and the respondent Megamala is the plaintiff in the said suit. The appellants in A.S.No.78 of 2011 are the three children of Ilavarasi Ramanathan, who is the appellant in A.S.No.77 of 2011. The said three children filed the suit in O.S.No.48 of 2008 against their parents, the plaintiff in O.S.No.181 of 2010 viz., Mehamala and one Seshagiri Rao (power agent of their mother).

3.Since the parties to the appeals and the issues involved in the appeals are inter-related, these appeals are disposed of by way of this common judgment.

(A.S.No.77 of 2011 - OS.No.94 of 2007 -O.S.No.181 of 2010)

4-1.Originally, the respondent in A.S.No.77 of 2011 viz., Mehamala had filed the suit before the Subordinate Judge at Panruti in O.S.No.94 of 2007, which was subsequently transferred to the file of Additional District Judge (FTC-II), Cuddalore, and renumbered as O.S.No.181 of 2010. It is the case of the plaintiff Mahamala that the suit properties, measuring to a total extent of 7.71 acres, in different survey numbers situated in Marungur Village, Kadampuliyur Sub-Registration District, belonged to the defendant Elavarasi Ramanathan by virtue of the Gift Deeds, dated 21.07.1997, 28.07.1997 & 28.07.1997 executed by her husband Ramanathan. The said three gift deeds were properly attested and valid documents and they were accepted and acted upon. The defendant Elavarasi Ramanathan was in possession of the suit properties gifted to her as its absolute owner. She executed a registered general Power of Attorney deed in favour of one P.Seshagiri Roa (who is the husband of the plaintiff Mahamala and arrayed as 4th respondent in A.S.No.78/2011) on 30.06.2003 in respect of the suit properties and the said Power of attorney is still in force. Subsequently, the said Power Agent Seshagiri Rao has sold the 1st item of the suit properties to his wife viz., the plaintiff-Mehamala on 10.01.2003 for a valid sale consideration of Rs.2,95,000/- and the said sale deed is true and fully supported by consideration. Again on 28.03.2007, the power agent Seshagiri Rao has sold the remaining portions of the suit property viz., items 2 & 3 of the suit properties to his wife viz., the plaintiff Mehamala, for a valid sale consideration of Rs.72,000/- and this sale deed is also fully supported by valid consideration. Pursuant to the above said sale deeds, the plaintiff Mehamala has become absolute owner of the suit properties and is in possession and enjoyment of the same. The patta for the suit properties has also been changed into the name of the plaintiff and she has been paying the tax due to the Government. While so, during the 1st week of November, 2007 when the plaintiff Mehamala tried to fence her properties, the defendant Elavarasi Ramanathan, from whom the property was purchased through her power agent, prevented the plaintiff from fencing the suit properties claiming that the defendant is still having right over the suit properties. Having sold the properties to the plaintiff, the defendant did not have any right or title over the suit property. Hence, the plaintiff Mehamala filed the suit in O.S.No.94 of 2007 before the Subordinate Court at Panruti, for the following reliefs:-

1)to declare the exclusive title of the plaintiff for the suit properties;

2)to pass an order