1. This appeal is by the 2nd defendant in a suit for partition under the Madras Marumakkathayam Act, 1933-58.

2. The ancestress of the tarwad was Narayani Amma, the late mother of the 1st plaintiff and defendants 1 to 3, who got divided out from her tarwad in 1935. The 2nd plaintiff and the 5th defendant are the children of the Ist plaintiff; and the 4th defendant the son of the 3rd defendant. Defendants 6, 7 and 8 are children of the 5th defendant. Under S.38 of the Madras Marumakkathayam Act, the plaintiffs claim partition and separate possession of 2/10 of the suit properties, asserting plaint items 14 and 15 acquired by the 2nd defendant under Ext. B-1 dated September 22, 1950, and Ext. B-5 dated July 18, 1951, and item 16 acquired by defendants 1 and 2 as per Ext. B3 of March 17,1958, to enure to the tarwad as been acquired with the income of tarwad properties. All the defendants support the plaintiffs and claim their shares to be given in this suit, except the 2nd defendant who contends that he had never been in management of the tarwad, and claims plaint items 6 and 14 to 16 and a leasehold in plaint items 2 to 5 to be his separate properties, as also compensation