VENKATRAMA SASTRY, J.

( 1 ) PLAINTIFF is the appellant herein. This appeal arises out of the suit, for partition and separate possession of his 3/8th share filed by the appellant. The few facts, which are necessary for considering the respective contentions in this case are the following:--

( 2 ) PLAINTIFF, the third defendant and one Pullu Saheb were brothers. Pullu Saheb married first defendant. As she bore no children he married the second defendant, who is no other than the brothers daughter of the first defendant 4th defendant is the son of the third defendant.

( 3 ) PULLU Saheb died on 17-6-1957, within three years after his second marriage with the second defendant without any issues. He left behind A and B Schedule properties. Plaintiff and the 3rd defendant are entitled to 3/8th share each in the properties of Pullu Saheb, while his widows defendants 1 and 2 are entitled to 1/8th share each in his estate.

( 4 ) PLAINTIFF issued the notice on 13-6-68 to the defendants to partition the properties according to the above shares. The third defendant gave a reply on 25-6-68 stating that his son the 4th defendant was adopted by Pullu Saheb and therefore the plaintiff cannot have a

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