Judgment

SHAH, J. : These six appeals are filed with certificates under Art. 133 of the Constitution granted by the High Court of Judicature at Bombay. The appeals arise out of the judgments and decrees in Suits Nos.. 47 of 1948 and 36 of 1949 in the court of the Civil Judge, Senior Division, Dharwar. The following genealogy set out in the plaint in Suit No. 47 of 1948 explains the relationship between the parties:

2. The principal contesting party in the suits was Kashinathsa, eldest son of Yamosa, and he was the first defendant in both the suits. For facility of reference, we propose to refer to the parties as they were arrayed in Suit No. 47 of 1948. Bhimasa - the plaintiff in Suit No. 36 of 1949 will therefore, be referred in this judgment as defendant No. 3.

3. At a partition in 1893 between Dongarsa s branch and the other branches, the former branch received property of the aggregate value of Rs. 13,000. Members of that branch thereafter carried on business of weaving silk garments and also of sale and purchase of silk garments. In 1912, defendant No. 1 started a cloth shop in the name of Kashinathsa Kabadi. In 1916, he started a commission agency business in the name of H. R. K