Judgment

RAMASWAMY, J.:- This appeal is brought by certificate from the judgment of the High Court of Kerala dated July 13, 1960 in Appeal Suit No. 251 of 1956*. By its judgment the High Court allowed the appeal of the deceased M. R. Chinnaswamy Goundan, 1st defendant, reversing the judgment and decree of the Subordinate Judge of Chittur in O. S. No. 131 of 1950 which the appellant had filed on March 31, 1949 in forma pauperis for declaring that certain execution proceedings resulting in the sale of suit properties were invalid and for partition of onefourth share therein. The appellant also claimed in the alternative a decree for payment of Rs.30,000 as damages sustained by him on account of fraud and collusion in the execution proceedings.

* Reported in AIR 1961 Kerala 161.

2. The plaintiff is the son of the 8th defendant and the 9th defendant is the brother of the 8th defendant. The plaintiff and defendants 8 and 9 are Tamil Vannian Christians of Chittur Taluk who are governed in the matter of inheritance and succession by Hindu Mitakshara law. The plaintiff has acquired a right by birth in the ancestral properties and during the lifetime of his fahter the son has a right to claim