Krishnaswami Ayyangar, J.

1. This is an appeal from the preliminary decree passed by the District Judge of Bellary in a suit for partition instituted by the appellants, who are the sons of Chenabasavana Gowd. Chenabasavana Gowd was the third defendant. The first two defendants are his elder broilers. Ayyana Gowd, the eldest, died during the pendency of the suit. His son was the fourth defendant in the suit and the third respondent here. Siva Reddy, the next brother, was the second defendant in the Ccurt below and the first respondent in the appeal. On the 16th February, 1932, Ayyana Gowd was adjudicated on a creditors petition, I.P. No. 43 of 1931. Later, on the 20th December, 1933, the two other brothers were also adjudicated insolvents. After the adjudication the Official Receiver, in whom the property of the inso vents vested, sold on 8th March, 1934, items 2 to 5, 12 to 33 and 34 in schedule B to Chinna Anjanappa who was the sixth defendant and now the fifth respondent. The appellants Contended in the Court below that their interest in the family property did not vest in the Official Receiver and that the sale by him in favour of Anjanappa did not affect their interest a