Rajamannar, J.

1. The plaintiff, who is the appellant and the first defendant who is the first respondent are the sons of one M.Y.A. Annamalai Chettiar. The plaintiff is the son by the second wife and the first defendant by the first wife. Defendants 2 to 4 are the sons of the first defendant. The fifth defendant is the mother of the plaintiff and the sixth defendant is his sister. Annamalai died on 18th September, 1926. Before his death he executed on 21st August, 1926, a will (Ex. D-I) in and by which, after stating that he owned a money-lending firm in Puttalam and Immovable properties and moveables, etc., in Karaikudi, he appointed two persons as executors and provided that his eldest son, the first defendant, should get Immovable property worth Rs. 35,000 as jeshtabagam from and out of his properties. after his lifetime. He also made certain provisions for his junior wife and others and finally directed that all his remaining moveable and Immovable properties should be taken by his two sons, the plaintiff and the first defendant, in equal. moieties. On the same day he executed a power of attorney in favour of one Lakshmanan Chettiar conferring on him power to sell to any person all or any of his lands, leases and charges and to sign and execute all necessary transfers and other instruments and to execute a deed of gift of the properties that he possessed in Puttalam in favour of his sons Muthukaruppan and Nachiappan (first defendant and plaintiff). In pursuance of the power conferred on him by this document,. Lakshmanan Chettiar on behalf of Annamalai Chettiar executed on 2nd September, 1926, two documents, viz., (1) a deed of gift of properties valued at about Rs. 1,65,000 in favour of the first defendant and the plaintiff in equal moieties (Ex. D-3), (2) a deed of sale in favour of the first defendant alone of Immovable properties for a sum of Rs. 32,500, the consideration being stated as a portion of the sum agreed, to be paid by the vendor, i.e., Annamalai, to the first defendant at the time of his (Annamalais) second marriage (Ex. 29-a). On the same day one M.Y.A. Chidambaram Mudali, another agent of Annamalai, made in favour of the first defendant a transfer of a leasehold of certain properties for a consideration of Rs. 2,500 (Ex. 29-b). Admittedly this leasehold right belonged to Annamalai himself. All these three documents related to Immovable properties in Ceylon and were registered there on 18th September, 1926.

2. The first defendant was a minor at the time of his fathers death, but attained majority soon thereafter and the estate appears to have been handed over to him by the executors sometime in 1931 and ever since he has been in control of the affairs of the family including the business. The plaintiff attained majority in April 1939 and was married in May 1940. Sometime before the marriage there appears to have been an attempt to bring about a division by a Panchayat, Ex.D-11 is a muchilika executed both by the plaintiff and the first defendant on the 1st May, 1940, in which they both agree to arrange for a Panchayat being constituted in the month of Ani that year and for a partition to be effected within Avani. The legal effect of this document will have to be considered later. It is enough now to state that nothing came out of this muchilika. On the 1st December, 1941,. the plaintiff issued a notice demanding partition and the suit was filed on the 17th June, 1942.

3. According to the appellants allegations in the plaint the family properties comprised the following (1) Immovable properties in British India set forth in Schedule A to the plaint; (2) A money-lending firm at Puttalam in Ceylon;; and (3) Move able in the shape of jewels and silver ware.

4. The plaintiff alleged that his father had no power of disposition, as the properties, belonged to the joint family and the will was consequently void. He also averred that the provision in the will allotting Immovable properties worth about Rs. 35,00