JUDGMENT

GUPTA, J.:— These are two appeals which arise out of a suit for partition filed in the court of the Subordinate Judge of Dindigul, Tamil Nadu on 17th September, 1958. Plaintiffs are the appellants in C. A. No. 2261 of 1968; in the other appeal C. A. 2308 of 1968, the appellants are defendants Nos. 2, 3, 4 and 5.

2. Plaintiffs case as made in the plaint is as follows: The two plaintiffs and the five defendants constitute a joint Hindu family. The plaintiffs are the sons of the first defendant, Ayyalu Naidu. Defendants 1 and 2 are the sons of one Alagar Naicker. The third defendant is second defendants son. The fourth defendant is third defendants wife and defendant No. 5 is their daughter. In 1941 Alagar Naicker was allotted the properties mentioned in Schedule A of the plaint on oral partition between himself and his agnates. Alagar Naicker died in 1942 and A Schedule properties devolved upon the plaintiffs and defendants 1 to 3 by survivorship. The second defendant being the eldest member of the family after Alagar Naickers death used to manage the joint family properties. Alagar Naicker had a paternal uncle whose name was Kochadai Naicker. Kochadai Naicker had no male iss