( 1 ) THIS appeal by the 8th defendant, in O S No. 74/51 on the file of the court of the Subordinate Judge, Ongole, gives rise to an interesting question of law, whether a co-parcener of a Hindu Joint Family who has obtained a preliminary decree for partition of the family properties is entitled to proceed against the property alienated by any defendant co-parcener pending an appeal against the preliminary decree and before the passing of the final decree, for the recovery of mesne profits in respect of that alienated item of property.

( 2 ) IN order to appreciate the scope of the question, it is necessary to state briefly the facts and circumstances which are not in dispute and which lie in a short compass: Raghavaiah and Venkata Subbaiah, sons of P. Sriramulu, instituted a suit for partition and separate possession of their hal share in the plaint a and b schedule properties and for accounts relating to future profits and rents, against their brother Gopalam (1st defendant) and panduranga Rao, the son and Bhramaramba, the widow of their late elder brother Adinarayana Rao, and Muddana Chenchuramayya, the cultivating tenant of item 4 of the plaint a schedule. The preliminary

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