JUDGMENT

B.N. Agrawal, J.-In this appeal by special leave, appellants, who were defendant Nos. 1(e) and 2 have assailed the judgment rendered by Karnataka High Court in appeals whereby it has been directed that plaintiff is entitled to 11/30th share in the properties described as item Nos. 1, 2 and 3 in the Schedule appended to the plaint and thereby modifying the decree of the trial court which directed that the plaintiff shall be entitled to 1/8th share in the said properties.

2. Plaintiff filed a suit for partition claiming 1/7th share in the properties described as item Nos. 1 to 4 in the Schedule and for rendition of accounts in relation to joint family business carried on by defendant No. 1 in the name and style of M/s Pissey and Sons and his case, in short, was that one P. Eswar Rao had three marriages and from the second marriage, he had two sons, namely, P.E. Sadasiva Rao (defendant No.1) and P.E. Panduranga Rao. From other two marriages also, P. Eswar Rao had children and he acquired various properties during his life time which were his self acquisitions but the same were put in common hotchpotch. On 29th November, 1947, P.Eswar Rao executed a deed of family arrangement w