Judgment

( 1 ) THESE are cross-appeals against the judgment and decree dated 11/1/1979 of the High court of Madras passed in Appeals Nos. 141 and 142 of 1972 and the cross-objections

( 2 ) IT was a suit for partition between two branches of the same family. The properties involved were entirely agricultural. The facts as depicted in the judgment of the High court are so interwoven with so many details that we have thought it expedient to resort to tremendous shrinking. For our purpose, we condense them to say, sufficedly, that there was an elder, high in the line, who owned these properties. These were self-acquired. When he died years ago, he left behind three sons. He had by then no grandsons born from the loins of those three sons. The property on his death thus came in possession of the three sons. When eventually sons were born to those sons and thereafter grandsons, there came a day when they sought to effect a partition. In this spell of time certain properties allegedly stood purchased out of the income derived from those properties and they were also brought in, being within the nucleus and hence claimed to be partible. It is in this manner that the dispute was spread within