JUDGMENT :

1. The plaintiffs 2 and 3 are the appellants. The deceased 1st plaintiff filed the suit for partition as a purchaser of ?rd share of ceartain joint family properties and for separate possession of a ?rd share. The trial court decreed the plaintiff's suit for partition. On appeal by the defendants; the decree of the lower (appellate) Court was modified by granting the plaintiffs only a decree for a 4/9th share in the suit properties and a preliminary decree to that effect was passed. The plaintiffs 2 and 3, legal representatives of the 1st plaintiff, have appealed to this court contending that the decree passed by the trial court should have been confirmed by the appellate court and the modification is contrary to law.

2. The relevant facts are, that the 1st plaintiff purchased ?rd share in the plaint scheduled properties from Chavali Sriramamurthy, Suryanarayana and Ganapathi Sastry. One Chavali Narasimham had two wives. The 1st defendant in the suit is his son by the first wife. The alienors of the 1st plaintiff are the sons of the said Narasimham by his second wife. In 1924, there was a partition between Narasimham and his sons, Venkateswarlu (1st defendant) and Sriram