Devadoss, J.

1. The plaintiff is the illegitimate son of one Venkataramana Odayar, a Sudra. Defendants 1 and 2 are the sons and the 3rd defendant the widow of Panchapakesa Odayar, the brother of Venkataramana Odayar. Defendants 4 and 5 are Venkataramana Odayars widows. 2nd defendant has been adopted into a different family. Venkataramana Odayar was at the time of his death a member of a joint family consisting of himself and his brother, Panchapakesa Odayar. The plaintiff has brought this suit for a half share of the family property and in the alternative for suitable maintenance and other reliefs. The Lower Court negativing his claim to partition of the family properties has given a decree for maintenance with some minor reliefs. Defendants 1 and 3 have preferred this appeal and the plaintiff has preferred a memorandum of objections.

2. As the main question in the appeal is as regards the plaintiffs right to partition of the suit property, we allowed Mr. T. R. Venkatarama Sastri, who appears for the plaintiff, to open the case. His contention is that the illegitimate son of a Sudra is entitled to his putative fathers share even if the latter was undivided from his brother or