JUDGEMENT :- The first defendant in the suit is the appellant in this second appeal which arises out of the final decree proceedings in a suit for partition instituted by the first respondent herein in O.S. No. 2423 of 1961, on the file of learned 5th Assistant judge, City Civil Court, Madras.

2. The facts are not in dispute. The first respondent instituted the suit for partition and separate possession of her - share in the property mentioned in the schedule to the plaint or in the alternative for a moiety thereof and also for an account of the income collected by the appellant and for the appointment of Receiver and other incidental reliefs. By a preliminary decree dated 24-12-1963, the first respondent herein was granted a decree for partition in respect of a half share of the suit property and clause (2) of the preliminary decree provided that the first respondent shall also be at liberty to apply for the ascertainment of the income from the property and the allotment of her share therein.

There was an appeal against this preliminary decree in A.S. No. 201 of 1964 to this court, which was disposed of on 9-9-1970 with certain modifications. Pursuant to the preliminary dec