This appeal from the judgment of Ramaswami Gounder, J., arises out of a suit for partition and separate possession of one-third share in the properties conveyed to the plaintiff and his two brothers, defendants 3 and 4, by delendant 43 under a sale deed dated, 28th March, 1946. The sale was for a consideration of Rs. 3,000 of which Rs. 1,000 was paid by the plaintiff to defendant 43 at the time of the execution of the sale deed. The vendor, evidently, having at the instance of his brothers, defendants 1 and 2, refused to register the sale deed, the plaintiff and defendants 3 and 4 got it compulsorily registered. The property conveyed under the sale deed is in Mannankadu village in Pattukottai taluk, which is a shrotriam inam consisting of 16 shares. Panchapakesa Ayyar and his sons, defendants 1, 2 and 43, owned 2-12-9 shares out of them under a Court auction purchase. Even after the death of Panchapakesa Ayyar, his three sons continued, as before, as members of a joint Hindu family. ‘Under the said sale deed, defendant 43 sold his undivided one-third share in the 2-12-9 shares in the village.

A number of alienees from the father as well as defendants 1 and 2 were imp