(1.) The plaintiff, the 1st and 2nd defendants are the sons of one Mahalinga Sivan. The father and sons entered into a partition of their properties in the year 1911: and signed a deed in that behalf. When it was sought to register it, the first defendant refused to consent to the registration on the ground that some of the schedules to the deed were inserted without his knowledge. Thereupon, the father and the plaintiff applied for registration under Section 35 of the Registration Act, and the document was registered. The father died subsequently, having subsequent to the registration made a Will of the properties allotted to him in the partition deed in favour of the 1st defendant.
(2.) In the present suit the plaintiff alleges that the deed of partition is void and of no effect, that the Will of the father is inoperative, and that he is entitled to his share on the footing that the family is undivided.
(3.) The Subordinate Judge held that the parties became divided in status by the deed of partition. There are two appeals before us; one by the plaintiff contesting the finding as to division and claiming a share in certain moveables, and the other by the 1st defendant disputing the conclusion of the Subordinate Judge that certain properties were not his self- acquisitions.