RATNAVEL PANDIAN, J. - The above two appeals arise out of the judgment rendered by the Subordinate Judge of Cuddalore in O.S. No. 242 of 1969. the former appeal having been preferred by the plaintiff and the latter by the first defendant in the suit

2. The plaintiff filed the suit in forma pauperis seeking partition and separate possession of her 1/5 share or 1/6 share or 1/10 share or 1/12 share in the plaint schedule properties and recovery of past and future mesne profits in respect of her share and for costs. Her case as pleaded in the plaint is as follows : One Swaminatha Mudaliar, who is the common ancestor in this case, had two sons viz.. defendants 1 and 5 in the suit, and four daughters of whom the plaintiff is one. Swaminatha Mudaliar owned extensive properties. The fifth defendant Balasubramania Mudaliar got some properties from his father and went out of the family in 1929 itself after executing release deed dated 12th Aug., 1929 in favour of his father and his brother the first defendant. The properties so got by the fifth defendant have been described in the A schedule to the said release deed. Thereafter, Swaminatha Mudaliar continued to live with the plainti