Krishnaswami Ayyangar, J.

1. This appeal arises out of a suit instituted by the appellant for a declaration of his exclusive title to the properties set out in three schedules attached to the plaint and for possession thereof. The first respondent, his younger brother disputes the claim, and contends that they are the joint pro perties of both the brothers. Respondents 2 to 9 are said to be the adherents of the first respondent who have combined together for the purpose of keeping out the appellant from the enjoyment of the properties.

2. The real fight however is between the two brothers, the appellant and the first respondent. Their father was one China Buchayya who had married two wives. By his first wife who died some time in 1893 he had three sons Venkataramayya (the appellant), Nagayya (now deceased) and Tatayya alias Vasudevudu, the first respondent. By his second wife whom he married soon after his first wifes death he had three daughters. As usually happens in such cases, differences sprang up between China Buchayya, his second wife and children on one side and his sons by his first wife on the other. It is probable that in 1903 these differences assumed sufficiently