Common Judgment:

1. P.R. Vijayarangam, the plaintiff in T.O.S.No.25 of 2002 originally filed O.P.No.322 of 2002 seeking grant of probate. As caveat and supporting affidavit was filed by P.R. Ramanujam, the defendant therein, the Original Petition was converted into T.O.S.No.25 of 2002. The defendant in T.O.S.No.25 of 2002 laid a suit in C.S.No.325 of 2003 seeking the relief of partition arraying the plaintiff in the aforesaid T.O.S as the second defendant and his brother one P.R. Srinivasan, who is not a party to T.O.S.No.25 of 2002, as the first defendant. The first defendant P.R. Srinivasan in C.S.No.325 of 2003 remained ex-parte throughout the proceedings.

2. To avoid confusion, the plaintiff in T.O.S.No.25 of 2002, who is the second defendant in C.S.No.325 of 2003, is referred as plaintiff and the defendant in T.O.S.No.25 of 2002, who is the plaintiff in C.S.No.325 of 2003, is referred as defendant.

3. Brief contention of the plaintiff:-There was a family arrangement on 6. 1997 for partition and sale of properties of the father of the respective parties. A kur chit dated 210. 1998 was prepared for partitioning the properties of late P.R. Ramakrishna Mudaliar, the fath