The Chief Justice.-This is an appeal by the plaintiffs against the decree and judgment of the Subordinate Judge of Vijayawada in O.S. No. 70 of 1943 on the file of his Court, in so far as it is against them. To understand and appreciate the contentions of the parties to this appeal, it is necessary to state the following facts which are either undisputed or well established. Raja Bommadevara Naganna Nayudu and the defendant who is the respondent before us are brothers and were members of an undivided Hindu family. The defendant filed a suit for partition of the joint family properties against his brother Naganna Nayudu in the Court of the Subordinate Judge of Eluru (O.S. No. 38 of 1919). A preliminary decree for partition was passed on 29th January, 1921 and eventually the final decree was passed on 30th November, 1929. Each of the brothers was allotted a half share in the family properties. The suit lands were accretions to the main land comprised in the joint family estate formed in the river Krishna. The Government entered on these lands in 1894 under the provisions of the River Conservancy Act. Both the brothers and their father filed a suit (O.S. No. 83 of 1916) on the file of

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