Natesan, J.

1. This is an appeal under the Letters Patent from the judgment of our learned brother Kailasam J. in a regular first appeal. The suit is one for partition of the properties of a deceased Muhammad Ahmed Meeran who in March 1943, leaving as his heirs his widow Maimoon Bivi, minor son Khaja Mohideen and minor daughter Mohideen Batharomal, filed by Khaja Mohideen after becoming a major, The widow, the chief contestant in the suit, is the first defendant. The minor daughter of the deceased represented by her husband as guardian is the third defendant. She became a major pendente lite. The suit properties comprise the plaint first and second schedule properties. The first schedule properties were secured as the two-third share of the deceased Ahmed Meeran in his father's estate under the decree in O.S. No. 329 of 1943 on the file of the District Munsif Court, Tirunelveli. The second schedule property stands in the name of the widow the first defendant, under a purchase as per the original of Exhibit A-13, 13-3-1955. It is the case of the plaintiff that the second schedule property, though standing in the name of the first defendant, has to be partitioned among the hei