( 1 ) THIS appeal is by defendants 1 to 8 and 17. The first respondent is the plaintiff. The suit is one for partition on the ground that all the properties described in the schedule to the plaint belonged to the joint family of the plaintiff, the first defendant, 9th defendant and 13th defendant as well as the children of some of the defendants.

( 2 ) ). To appreciate the facts, it is necessary to note that Rudrappa was the father of the plaintiff, the first defendant, 9th defendant and 13th defendant. The plaintiff asserted that the joint family earlier represented by Rudrappa had some property and family business and he died in the year 1936. The Hindu undivided family continued even after his death enjoying the joint family properties and that the family business was extended at Hirekerur, Shimoga and Haramagatta. According to the plaint, a capital of over Rs. 2 1/2 lakhs has been invested for the business. The plaint also asserts that out of the joint family business and the property, several other properties were acquired. Para 4 of the plaint states that defendants 1, 9 and 13 continued to possess 100 tolas of gold and other moveables valued at about Rs