A.S.Venkatachalamoorthy, J.: One Jayaraman as plaintiff filed a suit in O.S. No.160 of 1974 on the file of Subordinate Judge, Vellore, (which hereinafter referred to as ‘the first suit’) praying the Court to grant a decree directing division of ‘A’ and ‘B’ scheduled properties into 28 shares and allot to him his 49/168th share and put him in separate possession and enjoyment of the properties that may be allotted to him and for appointment of a Commissioner to divide the suit properties and for other reliefs.

2. In the said suit, his two brothers by name Marappa Reddiar and Kanniappa Reddiar are defendants 1 and 2. Kalangammal, Rajammal and Vedavalli Ammal are defendants 4, 5 and 6 respectively and are the sisters of plaintiff. The third defendant Kullammal is the mother of the plaintiff. Muthappa Reddy is the brother of the third defendant, who is 12th defendant in the suit. Pending proceedings, 3rd, 5th and 12th defendants died and their legal representatives are on record.

3. There are two schedules to plaint ‘A’ and ‘B’. ‘A’ schedule consists of 16 items, while ‘B’ schedule consists of 28 items. Out of the 28 items, items other than 3 to 6 and 20 in ‘B’ schedule are the propertie

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