I. Disposition before lower court:-

The plaintiff, who filed a suit for partition of 1/6th share, was non-suited on the ground that he had not established that the first defendant was his father and further that the properties were available for partition.

II. Contentions of the plaintiff:-

2. The plaintiffs contention was that the first defendant had married a person by name Vedavalli and out of the said marriage, the plaintiff was born on 1. 1958. The first defendant had not taken care of his wife and even at the time when the plaintiff was in the womb, his mother left the matrimonial home and he was born only subsequent to the separation of the plaintiffs mother from the first defendant.

3. The basis of the claim for partition is that the first defendant and his two brothers, namely defendants 2 and 3, who are the sons of the Lakshmaiya Naidu constituted the members of the joint family and after their fathers death, the property is being enjoyed by the three sons and out of undivided 1/3 share of the first defendant, the plaintiff is entitled to, as a member of the co-parcenary an equal share, namely 1/6 share and seeks for a decree.

III. Contentions of the 1st def