Judgment

BACHAWAT, J. : By a registered deed dated September 4. 1900, a group of 19 persons forming a joint family with community of property governed by the Aliyasathana Law of inheritance, formed themselves into two branches and divided the family properties. The second branch consisted of the descendants of Sarasamma and Brahmi and some descendants of Nemakka -in all 10 persons. The first branch consisted of Nemakka and the rest of her descendants and her sister Sivadevi - in all 9 persons. In 1953 Darnamma was the sole surviving member of the second branch. She was a nissanthathi kavaru 70 years old having no descendants. In 1955, the members of the first branch instituted a Suit against Darnamma for partition of all the properties comprised in the deed dated September 4, 1900, alleging that the deed effected a division for convenience of enjoyment and maintenance only and was not an absolute out-right partition. The defence of Darnamma was that the deed effected an out-right partition. The trial court accepted the plaintiff s contention and passed a preliminary decree 1or partition. Darnamma filed an appeal in the Mysore High Court. During the pendency of the appeal she died an