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 individual”, Subbiah Shetty among them.......The profit remaining as per accounts, he shall divide into three parts; and out of them, he, i.e., the second individual shall keep one for the miscellaneous expenses of the members of his own sub-branch ; and as regards the remaining two parts, he shall give one part to the Krishtappa Shetti’s sub-branch for their miscellaneous expenses and give the other part to Kolai Shetti’s sub-branch for their miscellaneous expenses.

18. After the death of Subbiah Shetti, Krishtappa Shetti, individual No. 22, should take possession of the entire property of the first share, should get the Kudthale entries entered (in his own name) and should conduct the management up to his death in accordance with all the terms mentioned above in paragraph 17. He should maintain the account, and he should distribute the remaining profit among his and the other two branches according to one-third share each and should obtain receipt.

19. After the death of Krishtappa Shetti, Manjaiah Shetti, individual No. 20, should take possession of the entire property of the first share and with Kudthale entries, he should conduct the management up to his death in accordance with all the terms mentioned in column 17.

27. In Krishtappa Shetty’s branch, there are three males only and there are no female decen-dants. Hence it has been settled that, up to the death of these three individuals, viz., Krishtappa Shetty, Subbiah Shetty, the first adaltedar, and Manjaiah Shetty, the third adaltedar, there should not be separation. After the death of the said first branch, the entire property of the first share should be divided into two equal parts with due considerations for good, bad and middling qualities; and out of them, the first portion should be enjoyed by Subbiah Shetty’s branch and the second portion should be enjoyed by Kolai Shetty branch with Kudthale got entered separately. When one branch requires partition in that manner and the other branch objects to the same, the persons who object in that manner should be bound to pay, with security of the property belonging to their share, the expenses and loss incurred by persons requiring possession of the half portion of the property in that manner as well as the market value of the profit that remains apart from the tirve, in respect of the property, up to the date of its possession together with the interest thereon“.

Subsequently there was a suit O.S. No. 24 of 1903, filed in the Court of the Subordinate Judge of South Kanara by Manjaiah Shetty and others for removal of Subbiah Shetty from ejamanship and management of the family property and further reliefs. This suit ended in a compromise decree, the only term of which it is necessary to mention is as follows:

”The defendants should deliver possessi

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