RAMAPRASADA RAO, J.: The fifth defendant in O. S. No. 299 of 1967 on the file of the subordinate Judge of Coimbatore is the appellant. One Thangamuthu Gounder died possessed of the suit properties, he having secured the same under a partition in his family in or about July 1932 as seen from Ex. A-3 dated 22-7-1932. He left behind, him his mother (the first plaintiff), his eldest daughter (the second plaintiff) his widow (the first defendant) and his minor daughter (the second defendant) as his surviving heirs. He died in 1966 and, therefore, succession to his estate has to be determined with reference to the provisions of Hindu Succession Act. It is not in dispute, therefore, that the two plaintiffs on the one hand and defendants 1 and 2 on the other would each be entitled to a moiety in the properties of Thangamuthu Gounder. In those circumstances the plaintiffs instituted the present action for partition of the suit properties which admittedly belonged to Thangamuthu Gounder, into two equal shares and for allotment of one such share to them and for the usual rendition of accounts by the first defendant after the death of Thangamuthu Gounder and for costs.

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