Ramaprasada Rao, J.-The plaintiff in O.S. No. 86 of 1967 on the file of the Subordinate Judge of Chidambaram, is the appellant. Muthusami Padayachi is the common ancestor. He married twice and his senior wife is called Pattathammal and his second wife was known as Pattayee. Muthusami Padayachi originally belonged to Silam -bur in Trichi district. He had two sons through his first wife, who are the husband of the first defendant in the action and the 4th defendant herein. The plaintiff is the son through the junior wife. The senior wife died in or about 1940 and the junior wife in 1943. Though Muthusami Padayachi left a daughter through his first wife, she died leaving a minor daughter who also died in 1949. Muthusami Padayachi, therefore, left behind him surviving the first defendant’s husband as the eldest son, the 4th defendant and the plaintiff as his second and third sons. Muthusami Padayachi originally belonged to Silambur and it is common ground that he divided his ancestral properties with his brothers and he secured considerable properties in the village of Silambur. After he married his first wife, who was a native of Tholuvur he shifted to the said village. The plaintiff’

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