(1.) DEIVANAYAGA Gounder ("D" in short) is the central figure in the three appeals. One Indrajit claiming to be his son filed O.S. No. 44 of 1982 for partition of his half share in the properties. D was the first defendant. D filed O.S. No. 180 of 1982 for declaration and recovery of possession of certain items of property. D also filed O.S. No. 80 of 1983 for declaration of title and for recovery of possession.
(2.) THE suit properties belonged to one Narayanasamy. He had three sons, D, Kannappan, examined as P.W.2 and another, with whom we are not concerned. THEre was a partition of the joint family properties between D & P.W.2.
(3.) THE twelfth respondent, who also figures as the respondent in Tr.A.S. No. 411 of 1997 filed his written statement stating that one Gangadhara Gounder settled on his mother Padmavathi, the item No. 5 of the "C" schedule under Ex-B104 and she had also accepted the same and is in enjoyment of the said property and that he was not a necessary party to the suit and in any way the suit had to be dismissed, since the appellant is not the legitimate son of D.A.S. No. 410/85 arises out of this suit.