Yahya Ali, J.

1. There were three brothers, Sivalinga, Ekambara and Chocka-linga. The last died about 12 years ago. Ekambara died on the 16th July, 1940, issueless leaving him surviving his widow. Sivalinga was the survivor. After the death of her husband, Ekambaras widow filed O.S. No. 8 of 1944 in the Court of the Subordinate Judge of Kumbakonam against Sivalinga as the first defendant and Chockalingas widow as the second defendant. She claimed inter alia a share in the properties other than agricultural lands by virtue of the provisions of the Hindu Womens Rights to Property Act, 1937. In his written statement, me first defendant while contesting the suit on other matters stated with reference to her claim to the division of houses and moveable properties that he had no objection to the partition of the divisible items comprised under those schedules and to the separate possession and enjoyment of a moiety of the said items by the plaintiff until her death. On the basis of this admission the plaintiff applied under Order XII, Rule 6 for a decree being passed in respect of A schedule properties and notice of the application was given. The first defendants advocate appeared