( 1 ) THIS appeal arises out of a suit brought on 29-3-1957 by the first appellant, Mastanamma, who died during the pendency of the appeal and is now represented by appellants 2 and 3, Musaliah and Nagarattamma, her father and mother respectively. She was a minor aged about six years and was represented in the suit by Nagarattamma as her next friend. She asked in the suit for a declaration of her title and for partition and separate possession of a one-fourth share in the plaint A schedule properties on the foot of Exhibit A. 1, a registered gift deed dated 22-1-1957 executed in her favour by the 1st defendant, Adinarayana. Defendants 2 and 3 were Adinarayanas elder brothers and the 4th defendant was Adinarayanas father. It was alleged in the plaint that defendants 1 to 3 were divided in status from the 4th defendant, but that the plaint A schedule properties belonging to their family were not divided by metes and bounds. Exhibit A-1 recites that defendants 1 to 4 were members of a joint family, that the 1st defendant had determined to live separately, that Nagarattamma, who was his paternal uncles daughter, had promised to maintain him properly and that out of love