Judgment

GAJENDRAGADKAR, J. : This appeal has been brought to this Court with a certificate granted by the Madras High Court and it arises from a suit filed by the appellants Mallesappa and Chenna Basappa against their uncle Mallappa, respondent 1 and grand-uncle Honnappa, respondent 2, for partition. According to the plaint, the family of the appellants and respondent 1 was an undivided Hindu family until the date of the suit, and respondent 1 was its manager. The ancestor of the family was Desai Mallappa. He had three sons Kari Ramappa who dies in 1933, Virupakshappa who died long go and Honnappa respondent 2. Kari Ramappa had four sons Gurushantappa (died 1913), Bandappa (died 1931), Mallappa (respondent 1) and Verrabhadrappa (dies 1927). Gurushanrappa married Parvathamma; the two appellants are the sons of Bandappa, their mother being Neelamma. They were born in 1926 and 1929 respectively. Their case was that respondent 1 who has been the manager of the family for many years has been trying to deprive them of their legitimate share in the property and refused their request for partition, and so they had to file the present suit. According to them, in the property of the family t