Swamikkannu, J.

1. This is an appeal by defendants 2 and 3 against the judgment and decree in O.S. No. 17 of 1977 on the file of the Subordinate Judge, Tiruchirappalli granting a preliminary decree for partition of the suit properties into three equal shares with reference to good and bad, soil and alloting one such share to the plaintiff and one such share to defendants 4 to 9. Defendants 1 to 3 were directed by the court below to render a true and proper account in respect of the income derived by them from the suit properties to the plaintiff and defendants 4 to 9 from the date of suit till the date of delivery of possession of their respective shares to them. The Court below has relegated the quantum of mesne profits to be decided in separate proceedings under Order 20. Rule 16 of the Code of Civil Procedure and directed that the costs of the suit will come out of the estate.

2. The suit was laid by Sivalingam, the plaintiff (first respondent in this appeal) for partition of the suit properties into three equal shares and for allotment and separate possession of one such, share to him, to direct the defendants to account for the income from the suit properties from the da