COMMON JUDGMENT

One SP.V.M.Thiyagarajan, as a plaintiff, filed O.S.No.347 of

2004, on the file of the Additional District Judge, (FTC No.I), Madurai, against one R.Prema and R.Karthick, who are defendants in the said suit, for the relief of partition and separate possession of A, B and C schedule properties and to give a share to the plaintiff in the business run in D and E schedule properties and also a share in the Fixed Deposit in F schedule property with costs of the suit. O.S.No.36 of 2009 on the file of the Additional District Judge, (FTC No.I), Madurai, was filed by the 1st defendant in the above suit namely, Prema, as a plaintiff, against one SP.V.M.Thiyagarajan/plaintiff in O.S.No.347 of 2004, for a permanent injunction restraining the defendant and his men from interfering with her peaceful possession and enjoyment of the suit property therein. As pleadings and submissions were common, the trial Court conducted a joint trial and by a common judgment and decree, dated 11.08.2011, dismissed the suit for partition in O.S.No.347/2004 with costs and decreed O.S.No.36 of 2009 granting permanent injunction. Aggrieved by the dismissal of the partition suit in O.S.No.347/2004, the plaintiff in the said suit namely, SP.V.M.Thiyagarajan filed appeal in A.S(MD)No. 27/2012. As against the disallowed portions of the counter claim, the defendants in O.S.No.347/2004 filed A.S(MD)No.25/2015. Aggrieved by the decree of permanent injunction granted by the trial Court in O.S.No. 36/2009, the defendant therein namely, SP.V.M.Thiyagarajan field A.S(MD)No.28/2012.

As pleadings and submissions are common, all the appeals are heard together and disposed of by this common judgment.

2. Brief averments in the plaint in O.S.No.347/2004, are as follows:-

One S.P.V.Manickam Chettiar had two sons namely, plaintiff/SP.V.M.Thiyagarajan and M.Ramakrishnan and four daughters namely, R.M.Valliammal, K.Kamatchi, M.Vijayalakshmi and R.M.Meenatchi @ Chella Meenal. On 15.07.1989, M.Ramakrishnan, one of the sons of Manickam Chettiar died, leaving behind his wife namely, R.Prema and his son R.Karthick who are the defendants, as his legal heirs. Thereafter, the defendants were living with Manickam Chettiar and all their needs were fulfilled by the said Manickam Chettiar. The suit properties were purchased out of the income derived from the ancestral properties of Manickam Chettiar. While so, Manickam Chettiyar died intestate on 26.08.2003 and his wife predeceased him. The defendants were maintained by Manickam Chettiar till his death. During his life time, Manickam Chettiar paid cash to his four daughters to avoid them from claiming share in the suit properties. Manickam Chettiar also paid Rs.2,20,000/- towards educational expenses of the 2nd defendant/grandson. Further, Manickam Chettiar was also doing finance business at Aranthangi in the name and style of Lakshmi Finance and cash in hand of the said business upto 30.06.2003 amounting to Rs.17,75,598/- is in possession of the 1st defendant and the plaintiff is entitled to his half share in the said amount. Manickam Chettiar was also running a finance business in the name and style of Karthick Finance and the cash in hand of the said business upto 30.06.2003 amounting to Rs.16,17,436/- is in possession of the 1st defendant and the plaintiff is entitled to his half share in the said amount. The 2nd defendant is also liable to repay half of a sum of Rs.2,20,000/- spent by Manickam Chettiar towards his educational expenses. Further, out of a sum of Rs. 8,00,000/- kept by Manickam Chettiar in ICICI Bank, the plaintiff is entitled to his half share. Thus, the plaintiff sent an advocate notice dated 15.09.2003 to the defendants, seeking partition of properties, for which, the defendants sent a reply notice dated 23.09.2003, with false allegations. Hence, the suit.

3. Brief averments in the written statement filed by the 1st defendant in O.S.No.347/2004 are as follows:-

The relationship is admitted. After the death of M