Ganapatia Pillai, J.-

The appellant in this case was the second wife and now widow of one Duraiswami Reddiar, who died on 10th August, 1951, aged about 68 years. By his first wife, Kamalakshi Animal, who died in 1936, Doraiswami Reddiar has a son called Sithapathi Reddiar, who is the respondent in this appeal. The appellant was married to Doraiswami in 1938. By O.S. No. 33 of 1945, which was a suit for partition instituted by Sithapathi, the respondent, there was a division of all the family properties between Doraiswami and his only son Sithapathi, It is admitted that though only a preliminary decree for partition was passed in that case, by agreement of parties all the family properties were divided and since 1945 the father Doraiswami and his son Sithapathi had been in separate enjoyment of the properties which fell to their respective shares in this partition. The suit out of which this appeal arises was instituted by the respondent for partition of the properties mentioned in Schedules A to C to the plaint, which admittedly belong to his father, at the time of his death in 1951.

The case of the respondent in the plaint was that his father Doraiswami died intestate, and he (the

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