Palaniswami, J. — The first defendant in O. S. No. 1513 of 1960 on the file of the Court of the Seventh Assistant Judge, City Civil Court, is the appellant. The relevant facts are these: The plaintiff’s father, Krishnappa Naicker, was the elder son of one Govindappa Naicker, the second son being Elumalai Naicker who was the father of defendants 1 to 5 and husband of the sixth defendant. The plaint A schedule property was acquired by Govindappa Naicker under Exhibit A-1 on 6th June, 1894. After his death, the plaint B schedule property was acquired by Krishnappa Naicker under Exhibit A-2, dated 30th October, 1916. Krishnappa Naicker died in 1922, leaving the plaintiff, his son. Elumalai Naicker died in 1949, leaving defendants 1 to 5 and the widow, the sixth defendant. During the pendency of the suit, the sixth defendant died and thereupon, defendants 1 to 5 were recorded as legal representatives and besides, the seventh defendant, the daughter, was brought on record. The suit was laid for partition of the plaint A and B schedule properties and for allotment of the plaintiff’s half share, with past and future mesne profits. The plaintiff alleged that the suit properties were the joi

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