AR.Lakshmanan, J.

Defendants 1 and 4 are the appellants in this appeal. The 1st respondent is the plaintiff and respondents 2 to 4 are defendants 2, 3 and 5. Respondents 2 to 4 viz., defendants 2, 3 and 5 were given up since they remained ex parte.

2. The 1st respondent/plaintiff filed the suit for partition of the suit properties, which are admittedly joint family properties having been allotted to the share of his father (1st defendant) in a partition between him, his brother and their father. The plaintiffs case is as follows: The plaintiff is the undivided son of the 1st defendant. His mother Rajamma1/3rd defendant was married to the 1st defendant about 25 years prior to the suit according to the custom obtaining in the community to which they belong. Two sons were born to the 1st defendant through the 3rd defendant. The plaintiff is one of the sons. The other son, who was elder to the plaintiff, died a few months after his birth.

3. The 1st defendant married a second wife. The plaintiff’s mother 3rd defendant preferred a complaint against the 1st defendant under Sec.494 of the Indian Penal Code in C.C.No.34 of 1960 on the file of the Additional First Class Magistr