Plaintiff is the appellant in this second appeal.

2. He filed O.S. No.179 of 1975, on the file of the Principal District Munsifs Court, Padmanabhapuram, seeking partition of the plaint mentioned properties. He claimed one-fifth share in the suit properties. Items 1 and 2 in the plaint belong to the father of the plaintiff and defendants 1 to 3 and late Stephen Langton. Item 3 belongs to their mother, who is also now no more. It is said that the father executed a settlement deed in favour of his wife, i.e., his (plaintiff’s) mother, as evidenced by Ex.A-1 dated 14. 1942. It is said that on the death of the mother, items 1 to 3 devolved on them along with their father who had a widower estate. Father was also dead on the data of suit and, therefore, the plaintiff claims one-fifth share in the items. It is also averred in the plaint that the plaintiff earlier filed a suit in the District Munsif’s Court, Padmanabhapuram as O.S. No.259 of 1967. That suit was dismissed as settled out of court. But the settlement did not take place and, therefore, the institution of the earlier suit is not a bar for instituting the present suit.

.3. In the written statement filed by the defenda