The fourth defendant is the appellant herein. The suit was laid for partition of plaintiff's, share in the suit property. The Trial Court dismissed the suit whereas the first appellate Court allowed the appeal and granted a preliminary decree of partition to the first respondent/plaintiff for 1/4th share of the suit property. Aggrieved by the decree of the first appellate court, the fourth defendant has come forward with this appeal. Narrative convenience seeks that parties be referred to by their rank before the trial Court.

2. Admitted facts are:

The suit property is stated to have an extent of 34.4 cents in T.Sy. No. A/20-25 situated within the limits of Devakottai Municipality. This property originally belonged to one Venkatachalam Chettiyar. On 10-07-1961, under Ex.A-1 Venkatachalam Chettiyar had sold his property to Subburayan Ambalam.

Subburayan Ambalam's son is Periyakaruppan Ambalam, the first defendant in the suit. The first defendant had married one Muthammal, through whom, he has a son Ragunathan. Thereafter, he took one Panchavarnam as his second wife, through whom, he has three sons, viz., the plaintiff and defendants 2 and 3. He also has daughters through his