1. First defendant in O.S.No.1985 of 1977 on the file of First Assistant Judge, City Civil Court, Madras is the appellant. First respondent/ plaintiff in the said suit filed the same for partition and separate possession of his 1 /4th share in the suit properties. The court below passed a preliminary decree for partition and separate possession of 5/ 16th share in the property mentioned in Ex.B-4 and 1/3rd share of other properties in favour of the plaintiffs and 2nd defendant. Aggrieved by the said decree, the first defendant has filed the present appeal.

2. The case of the plaintiff is briefly stated hereunder: The plaintiff and 2nd defendant are the sons of deceased Arumuga Naicker through his second wife, namely, the third defendant. The first defendant is the son of the said Arumuga Naicker through his deceased first wife. The above said Arumuga Naicker married the third defendant in the year 1938 after demise of his first wife in 1935. The father of the plaintiff died intestate in the year 1943 leaving his 3 sons and his widow. After the demise of the said Arumugha Naicker in 1943, the first defendant being his eldest son was incharge of the intestate estate namely