Existence of severance in status has to be established by the person seeking partition of joint family.

1. One Alagappa Padayachi had three sons, Sellamuthu, Murugan (D-1) and Arumuga (the plaintiff). He died intestate leaving behind joint family properties. Sellamuthu died intestine in 1958 leaving behind his wife Chinnapillaiammal. They had not issues. He was the manager of the joint family properties till his death and therefore the first defendant was managing the joint family properties. Chinnapillaiammal died in 1972. All the properties are enjoyed by the first defendant in his capacity as Manager. About 5 or 6 years before the suit the first defendant permitted the plaintiff to enjoy some items of the suit property. There was no partition by metes and bounds but enjoyment was as per convenience. At the instance of defendants 2 to 5 the first defendant had concocted some false documents to deny the plaintiff his half share in the property. When he came to know about that the plaintiff made a claim for partition, not only did the first defendant deny his right but he also alleged that Chinnapillaiammal had left a Will, in which her share was bequeathed to defendants 4 and 5 and that the plaintiff has been given his share in 1960 itself and therefore, he was not entitled to any share in the suit properties. But the case regarding the Will is a false one. No such document was executed by Chinnapillaiammal and therefore, the plaintiff is entitled to half share since on the death of the brother Sellamuthu and his wife Chinnapillaiammal the plaintiff and the defendant would be equally entitled to that share also and therefore, the joint family property of Alagappa Padayachi must be divided into two equal shares. This in brief is the case of the plaintiff.

2. The plaintiff is the first respondent herein. The defendants 1 to 5/appellants 1 to 5 are Muruga Padayachai, the brother of the plaintiff, his two wives, Thulsiammal and Palaniammal, and the two sons through Palaniammal. The other respondents are alienees of particular items of the suit property.

3. The reference to parties will be in accordance with their array in the suit.

The defendants 1 and 4 filed their written statement which was adopted by the defendants 2, 3 and 5. According to them, only item Nos.1 and 2 of the suit properties were joint family properties and it was true that Sellamuthu died intestate. His wife died in 1973. She had left behind a Will dated 6.10.1972. In 1960, the suit properties were divided into three amongst the plaintiff, the first defendant and Chinnapillaiammal and since 1961 they have been in enjoyment of their separate shares. It is wrong to describe the family as a joint family. The sale deeds also refer to the partition. Several of the suit properties have not been included in the plaint schedule. The seventh defendant claimed to have purchased item No.16 of the suit property from the plaintiff and prayed for an equitable relief to be granted in respect of the property purchased by him. The ninth defendant also claimed that there was no exchange of property between herself and the plaintiff and she was subsequently exonerated. The defendants 8, 10 and 11 also claimed to have purchased item Nos.2, 13 and 15 of the suit properties and prayed for an equitable allotment. The third defendant filed an additional written statement claiming that item Nos.13 and 35 ought not to have been included in the plaint for partition and the suit should be dismissed as regards these items. The fourth defendant filed an additional written statement claiming that item Nos.23 and 24 were not joint family properties and that they should be deleted from plaint schedule, as also item No.21. It was also his case that item Nos.22 to 25 were not properties liable for partition.

4. The trial Court decreed the suit as prayed for except insofar as suit item No.12. The trial Court disbelieved the case of the earlier partition and came to the conclusion that the Will alleged to have executed by Chinnapillaiammal was not genuine one and therefore, held that the pla