This is an appeal by the sixth defendant against the preliminary decree in the suit for partition of the family properties instituted by the plaintiff and tried on the original side by Rajamannar, J.

Tirumalai Chetti, the first and second defendants and Chinnadorai were the sons of one Ramiah Chetti. Chinnadorai died issueless in 1931. Tirumalai died in 1944. Both were undivided in status from their brothers at the time of their death. The plaintiff is the grandson of Tirumalai and the son of Raghava Chetti who pre-deceased Tirumalai. The plaintiff claimed that he along with the first and second defendants and their sons, the third and fourth defendants, constituted a coparcenary. The fifth defendant is the widow of Tirumalai. The sixth defendant is the son of Janaki, who he claimed, was the lawfully wedded second wife of Tirumalai; the sixth defendant was their legitimate son. The alternative claim of the sixth defendant in the suit was on the basis, that he was a dasiputra and that Janaki was a continuously kept concubine of Tirumalai. The parties were all sudras.

The learned trial Judge found that Janaki was not the lawfully wedded wife of Tirumalai, but that she