1. The Judgment of the Court was delivered by Mrs.A.Subbulakshmy, J: First defendant is the appellant.

2. Plaintiff filed the suit for partition and separate possession of his share in the suit properties. The case of the plaintiff is as follows:

Originally the suit property was owned by one Subbiah Bhagavathar. the three branches of Subbiah Bhagavathar entered into a registered partition deed on 14.11.1957 dividing the two houses in T.S.1865 and T.S.1864, Sivarayar Garden III Street, M.Chavadi, Thanjavur. The suit is related to the properties viz. A2 schedule property which was obtained by the father of the plaintiff and first defendant and B schedule property which was obtained by the plaintiff and the defendant and it is not ancestral property. The plaintiff is entitled to 2/3rd share in A2 schedule property since it was allotted to the share of Venkatachalapathy and his three sons through his second wife viz. the plaintiff, the first defendant and their another brother by name Govindaraju in the partition deed dated 14.11.1957. A to C schedule properties were given to Venkatachalapathy, Krishnasamy and Chakrapanis adopted son Ramamurthy respectively. Venkatachalapath