RAMACHANDRA IYER, J. :- This appeal is directed against the judgment of Ramaswami Gounder J. granting a preliminary decree for partition in C. S. No. 608 of 1949. Defendants 1 and 2 are the appellants. The appeal involves the determination of the question whether a legitimate son of a deceased Hindu belonging to the Sudra class who obtained certain properties on partition from his fathers collaterals would be bound to share it with his illegitimate half brother. One Tirumalai Chetti and his brothers formed members of a joint Hindu family. One of the brothers, Chinnappa Chetti died issueless in 1931. Raghava Chetti, the son of Tirumalai Chetti, predeceased his father, leaving behind him his widow, Kamakshi Ammal and a son, Dorai Babu.

During his lifetime, Tirumalai kept a concubine, Janaki, through whom he had an illegitimate son, Gopalakrishna Chetti. Tirumalai died in 1944, undivided from his brothers. He was survived by his widow, Mylai Ammal, daughter-in-law, Kamakshi, and his grandson, Dorai Babu. Besides these, his two undivided brothers and his illegitimate son, Gopalakrishna, were in existence at the time of his death. The family of Tirumalai Chetti and the parties t