AR .Lakshmanan, J.

The unsuccessful plaintiff in O.S.No.156 of 1983 on the file of Sub Court, Namakkal, is the appellant in the above appeal. He died during the pendency of the appeal and his legal representatives have come on record. The plaintiff as also defendants 1 to 5, are the children of one Kali Gounder, who died on 7. 1981. The 6th defendant is the son of the 1st defendant and was a minor at the date on which he was impleaded. He is represented by a court guardian. The plaintiff and 1st defendant are brothers and defendants 2, 3 and 4 are sisters. The 5th defendant is their step sister of Kaliappa through his second wife. The plaintiff’s mother is said to have passed away, quite early and the 5th defendant’s mother, Kali Gounder’s second wife and her three other children as also a daughter of the plaintiff are stated to have died in a car accident on 25. 1967.

2. The appellant/ plaintiff laid the suit for partition and award of separate possession of a 7/18th share in plaint A Schedule properties which were claimed by the plaintiff to be the properties belonging to a Hindu undivided family of which his father, late Kali Gounder was Kartha, besides making adequate