Varadachariar, J.

1. This is an application for relief under Madras Act IV of 1938, filed by the first defendant in a suit for partition in a Mahomedan family.

2. It was found in the main case that the first defendant who was the eldest child of his father and a major at the time of the fathers death entered into possession and management of the fathers property at his death and that as he had a minor brother and a minor step-brother and step-sister he was found to have held and managed the property on behalf of all the co-owners. In 1925 there were disputes in the family and the first defendant left the family house and lived elsewhere. It was also found that during his period of management, the first defendant had collected outstandings due to the fathers estate and the income due from the common property of the family. In 1929 the plaintiff who is the first defendants step-brother instituted a suit for division and recovery of his 2/7th share. A decree was given in plaintiffs favour and also in favour of defendants 2 and 3 for their respective shares. With respect to the outstandings and the income realised by the first defendant during the period of his management the lower