Challenge in this appeal is to the preliminary decree for partition granted in OS No.176 of 1984, on the file of the District Court, Udagamandalam, upholding the claim of the plaintiff to 9/40th share in the suit properties.

2. The 1st defendant in the suit had originally preferred this appeal, upon his death pending appeal, his legal representatives have been brought on record as appellants 2 to 10. The claim of the plaintiff is that the suit properties belonged to the joint family consisting of Mooka Gowder and his sons, namely the plaintiff and defendants 1 to 3. The defendants 4 to 8 are the children of Bookiammal, a pre-deceased daughter of Mooka Gowder and defendants 9, 10 and 11 are the daughters of the Mooka Gowder. The defendants 12 to 21 are the purchasers of certain items of properties from the 1st defendant. The 22nd defendant is an agreement holder. Defendants 31 to 37 are the legal representatives of the 17th defendant, who died pending suit.

3. The plaintiff would contend that the suit A Schedule properties were ancestral properties measuring about 14.13 and 3/8 acres, of which, according to the plaintiff, 12.89 and 1/8 acres remained with the family. B and C