1. Both these Second Appeals arise from O.S. No. 356 of 1982, a suit filed for partition. Plaintiff therein is the appellant in S.A. No. 1691 of 1986. Third defendant in that suit is the appellant in the connected Second Appeal.

2. As per judgment dated 29-7-1985, preliminary decree was passed in favour of the plaintiff holding that he is entitled to 8/35 shares in the plaint item. The said judgment was set aside in appeal. Third defendant also claimed a share. When the suit was dismissed, the third defendant, being aggrieved, has also filed the connected Second Appeal.

3. The material averments in the plaint are as follows:—

Plaintiff, defendants 1, 2, 3, 5 and 6 are children of the 4th defendant born through late K.V. Subramaniam Chettiar. Defendants 5 and 6 are daughters. Others are sons. 7th defendant is the wife of the first defendant. The other defendants in the suit are tenants, occupying portions of the suit property.

4. It is the case of the plaintiff that late K.V. Subramaniam Chettiar, who died in the year 1978 at the age of 91, was permanently residing at Salem, and the entire family migrated to Coimbatore for earning a better income. It is his case that Subra