JUDGMENT

JASWANT SINGH, J.:— This is an appeal by certificate granted by the High Court of Judicature at Madras under Article 133 (1) (a) and (b) of the Constitution of India against its judgment and decree dated Dec. 8, 1966 in A. S. No. 609 of 1961.

2. The facts culminating in this appeal lie in a short compass and may be briefly stated thus:

3. Kota Venkatachala Pathy whose legal representatives are the respondents herein and Kota Narayanan, the appellant herein, were real brothers being the sons of one Kota Rangaswami Chettiar. Together with their cousin Subramanyam Chettiar, the son of Kota Kuppuswami Chettiar, the brother of Kota Rangaswami Chettiar, they formed a joint family which was a trading one. Prior to 1927, Subramanyam Chettiar was the manager and karta of the family. After 1927 Kota Venkatachala Pathy took over the management of the family and its properties. By registered deed dated May 29, 1929 (Ext. A-1) a partition of joint family properties was effected between Subramanyam Chettiar on the one hand and Kota Venkatachala Pathy and his brother, Kota Narayanan, who was then a minor, on the other, each branch taking a half share. As karta of the joint family, Subraman