Rajamannar, C.J.-This appeal from the decree and judgment of the Court of the Subordinate Judge of South Kanara arises out of a suit for partition in O.S. No. 21 of 1949, of properties which at one time belonged to Tn aliyasanthana family. hat family consisted of two branches called the Dodda Hadi Mane branch and the Sanna Hadi Mane branch. The parties to this suit all belong to the Sanna Hadi Mane branch. Daramma was the common ancestress of this branch. She had three daughters, Durgi, Rukku and Lingamma. The plaintiffs are the descendants of Rukku, and the defendants the descendants of Durgi. Lingamma’s branch has now become extinct. On 19th February, 1896, a partition was effected between the two main branches by a registered deed. (Exhibit A-1). So far as the properties allotted to the Sanna Hadi Mane branch were concerned, certain terms were embodied in this partition deed, which are material to the disposal of this case. The relevant clauses of the partition deed are the following:

"17. In connection with this partition, it has been decided that the management of the entire property that has fallen to the first branch (Sanna Hadi Mane branch) should be conducted by the second

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