JUDGMENT: The plaintiff is the 1st appellant (now deceased). The suit is one for partition. According to the plaintiff, the plaintiff and Kuppachi Reddiar (k), the father of the 1st defendant (now deceased) were brothers and constituted a joint family. There existed an ancestral nucleus and from the income generated by joint exertion in the properties taken on lease in the name of K, the suit properties were purchased. The suit properties are liable to be partitioned. The respondents/ defendants filed an earlier suit where they admitted the existence of joint family property. Subsequently, before Panchayatdars, the parties divided the properties. K died on 15.2.1970 and it was only the plaintiff’s son and another who took him to the hospital and brought him back after the death. Though the acquisitions were made by joint effort, the properties were in the name of the eldest member of the family namely K. The suit filed by the respondents claiming exclusive possession was dismissed.

2. In view of the hostile attitude taken by the respondents, the plaintiff filed the suit for partition against defendants 1 to 5 who are the respondents 1 to 5. The 1st respondent is the son of Kuppachi

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