NALLATHAMBI UDAYAR DIED Vs. JAYARAMAN

JUDGEMENT

(1.) THESE two appeals are by the same appellants, A.S.No.674 of 1985 arises the judgment and decree in O.S.No.90 of 1981 and the 1st appellant is the 1st defendant therein. In the said suit, the plaintiff Jayaraman, who is the 1st respondent in both appeals herein claimed l/4th share in the suit properties described in plaint schedules B, & E on the ground that the said properties are joint family properties of the family of the appellant and the said Jayaraman and two other sons Parvatha Udayar and Margasahayam, who are defendants 2 and 3 in the said suit.

(2.) A.S.No.1084 of 1987 arises out of O.S.No.23 of 1982 filed by the 1st appellant against above said three sons. In the said suit, the 1st appellant claimed that the above properties belonged to him exclusively and on that footing he prayed for the relief declaration and injunction with reference to those properties.

(3.) SINCE common issues were involved, both the suits were tried together and the trial came to the following conclusions; (1) Items 4, 9, 14 and 16 of B Schedule do not belong the said family at all (2) The case of 1st appellant regarding items 8, 10, 13 and 15 Schedule has not been proved and those items are the properties of the family (3). further case of the 1st appellant that items 1 and 2 of B Schedule and items 18 and 19 schedule are not joint family properties was not accepted.