RAMAPRASADA RAO, J. :- The plaintiff in O. S. No. 45 of 1966 on the file of the Subordinate Judge, Tanjore, is the appellant. The plaintiff's case may be briefly stated as follows :

2. In the properties described in A to C schedules, the plaintiff has a 2/3rd share, and the first defendant, a 1/3rd share, and though ostensible title in such properties stands in the name of the second defendant, the plaintiff and the first defendant are the real owners thereof. Ever since the purchase of the said properties under Exs. B-9, B-12, B-17 and B-18, the plaintiff was exercising the right of joint possession along with the first defendant to the exclusion of the second defendant. Therefore, the plaintiff is entitled to a partition and separate possession of his 2/3rd share in the A to C schedule properties.

3. The first defendant is the husband of the second defendant. In his written statement, he would state that the properties described in schedule A and B were purchased by the second defendant under Exs. B-9 and B-12 in 1941 and 1942, from her own funds and that neither himself nor the plaintiff has anything to do with the title or possession of those properties. As regards the