( 1 ) THIS is a first defendant s appeal with cross-objections preferred by the plaintiff. The respondent-plaintiff filed the suit O. S. No. 39 of 1958 on the file of the Subordinate Judge s Courts, Kurnool in forma pauperis (1) for partition and separate possession of her 1/3rd share in the plaint C. D. E. and F. schedule properties; (2) for account of the assets, cash, balances and outstandings collected and profits earned by the 1st defendant in respect of the dalali business and (3) for account of the rents, mesne profits, interests, outstandings collected and accreditions made to the estate and for other incidental reliefs.

( 2 ) IN order to clearly appreciate the contentions of the parties their relationship inter se has to be noted. The propositus of the family was one Dharwar Ghouse sab. He married twice. Through his first wife he had one son by name Mohd. Haneef and through his second wife he had two sons by names Alla Baksh and Rajah saheb, the latter being the first defendant in the suit. Through his second wife he had also three daughters who were defendants 2, 3 and 4. By the time of the suit, the father, Ghouse Sab, the eldest son Haneef Sab and the