Ramachandra Iyer, J.-

These appeals arise from the Judgment of Veeraswami, J., setting aside a preliminary decree for partition passed by the lower Courts. One Alangaram Chettiar who has been examined as P.W. 2 in the case had two sons through his wife, Valliammai, Samban Chettiar and Alangaram Chettiar (first defendant). On nth August, 1935, the suit properties were purchased on behalf of Samban Chettiar and Alangaram Chettiar who were then minors. They were represented in the sale transaction by their father. Samban and the first defendant were thus the co-owners of the property. Samban died in the year 1942 and his mother Valliammai succeeded to his share in the property as his heir. It appears from the evidence, that subsequent to the death of Samban the precise date not being ascertainable — the patta for the property was transferred in the name of the first defendant alone. It is now found by all the Courts that Alangaram Chettiar, his wife Valliammai and their son the first defendant were living together and that the property was managed by the first of them. The first defendant attained the age of majority during the year 1950. Almost immediately he alienated the entirety o

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