JUDGMENT :

R.DEVDAS J.,

A divided son, whether would be entitled to seek a share in the father’s property or whether only the undivided would succeed to such property is the question that seeks consideration in these Regular First Appeals.

2. The undisputed facts are that on 27.04.1971 Channabasayya was adopted by Parameshwarayya with due ceremonies. During the year 1976, Channabasayya filed O.S.No.38/1976 seeking declaration that he is the adopted son of Parameshwarayya and his two wives, Annapurnavva and Parvatevva and further sought for partition and separate possession of his 1/3rd share in the ancestral properties. The parties to the suit filed a compromise petition and as per the compromise petition, the relationship between the parties was admitted, more particularly, that Parameshwarayya had two wives and since no issues were born out of the wedlock, they adopted Channabasayya on 27.04.1971 with due ceremonies. Further, during May, 1971, the parties had entered into an oral partition and as per the said partition, the properties were divided and allotted. The suit was accordingly decreed by -dividing the joint family properties of Parameshwarayya into two. Five items of agricu