1. 8th defendant in O.S. No. 294 of 1973, on the file of II Additional Subordinate Judge's Court, Vellore, North Arcot District, is the appellant.

2. Suit filed by plaintiffs was one for partition claiming 3/8th share in the plaint items.

3. The relevant facts which are necessary for disposing of the appeal are, that the property belonged to one Narasimhalu Naidu, who had two sons, Rathna Naidu and Veeraraghava Naidu. They constituted a joint family. After the death of Narasimhalu Naidu, other members continued to be joint, and they also acquired other properties from out of the income, which admittedly belonged to the family. Plaintiff is the son of Veeraraghava Naidu and his son is deceased first defendant. Defendants 2 to 8 and one Perumal Naidu are the sons of Rathna Naidu. It is said that the defendants alone are taking the income. Therefore, the plaintiff prays that he may be allotted 3/8th share.

4. In the written statement filed by second defendant, which has been adopted by the appellant herein, also, the main contention raised was that Narasimhalu Naidu had an elder brother by name Kullappa Naidu, and both of them were members of the same family. Kullappa Naidu released all