Rajamannar, C.J.-This appeal against the judgment of Krishnaswami Nayudu, J.,1 in A.S. No. 484 of 1949 arises out of a suit for partition filed by the appellant herein in the Court of the Subordinate Judge of Ottapalam, O.S. No. 55 of 1946. The plaintiff is the son of one Narayana Ayyar. Narayana Ayyar and the first defendant herein, Kalyanarama Ayyar, were the sons of one Subramania Ayyar who died in 1945 leaving behind him his widow, the second defendant in the case, and his two sons. It is common ground that under a deed of partition dated 4th February, 1935, Exhibit B-1, there was a partition between the father Subramania Ayyar and his two sons. Separate properties were allotted to the shares of each of the three coparceners. The first question which arises in this appeal relates to the rights of the second defendant, the widow of Subramania Ayyar, in the non-agricultural properties left by him. She claimed a share relying on the provisions of the Hindu Women’s Rights to Property Act and her claim was accepted by the trial Judge. On appeal by the plaintiff, Krishnaswmi Nayudu, J., confirmed the decision of the trial Judge on this point. Before us Mr. N. Sundaram Ayyar has chall

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