N.V.Balasubramanian,J.

This appeal is preferred against the judgment and decree in O.S.No.256 of 1985 on the file of Subordinate Judge's Court, Namakkal. The plaintiff is the appellant herein. He filed the suit for partition claiming 1/3rd share in the plaint B-schedule properties. The plaintiff is the son of the first defendant and the second defendant is the brother of the plaintiff and the third defendant is his mother.

2. The case of the plaintiff is that there was a partition in the family of the plaintiff in the year 1964, to be precise on 10.8.1964 (Ex.A-1) and the said partition was arrived at between the first defendant (plaintiff's father) and the father of the first defendant. According to the deed of partition dated 10.8.1964, certain properties were allotted to the first defendant's father and certain other properties were allotted to the first defendant. Admittedly, the properties were joint family properties and the properties allotted to the first defendant in the deed of partition continued to be joint family properties in his hand. The case of the plaintiff is that the plaint B-schedule properties have been settled by the first defendant in favour of hi