JUDGMENT

Dr. AR. Lakshmanan, J.-The unsuccessful plaintiff who lost his case in all the three Courts is the appellant in this appeal. The appellant (Dandapani Chettiar) filed O.S. No.300 of 1974 in the Court of the subordinate Judge, Cuddalore for a declaration that the suit properties belonged to him and defendants 2-9 and 23 (respondents 2-9 and 23) and for partition and separate possession of his 1/10th share in the movables and immovables and for recovery of past mesne profits. His case in brief is that the suit properties came to Rajathiammal and that the properties were obtained by her from her mother Sivabagyammal. Rajathiammal succeeded to the properties as Stridhana heir and on the death of Rajathiammal on 01-07-1972 issueless and intestate, in accordance with Section 15(2) of the Hindu Succession Act, 1956 (hereinafter referred to as "the Act") the suit properties devolved upon the heirs of the father of Rajathiammal i.e. Venugopala Chettiar. The appellant (plaintiff) and the respondents 2-8 (defendants 2-8) are the children of the said Venugopala Chettiar through his wife and the 9th defendant (9th respondent) is the son of the said Venugopala Chettiar through another