Govinda Menon, J.- Defendants 1, 2 and 8 in O.S. No. 61 of 1950 on the file of the Court of the Subordinate Judge, Tuticorin, appeal against the decree of the learned Judge by which it was held that the properties in Schedules 1 to 4 of the plaint be divided into five equal shares and that plaintiffs 1 to 3 and the first defendant do each get one such part towards the share to which each is entitled and also that the remaining part be divided into two equal halves of which one half be allotted to the share of the fourth plaintiff and the other half be allotted to the share of the second defendant. There were other consequential directions which need not be considered in detail.

The facts which have given rise to this litigation are as follows: One T. Ramaswami Reddiar belonging to the village of Virusampatti, Koilpatti taluk, was possessed of properties which are the subject-matter of the above suit and he died on 13th December, 1949, leaving behind him his second wife, the second defendant, his fourth wife, the fourth plaintiff and children by the deceased third wife and the fourth wife. Ramaswami Reddiar’s first wife, Avudai Ammal had predeceased him and their daughter was Ellamma

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