Venkataramana Rao, J.

1. This is an appeal against the order of the learned Subordinate Judge of South Kanara directing attachment of the shares of the petitioners in the property of the tarwad of which they are the junior members in execution of a decree in O.S. No. 37 of 1931 on the file of the same Court obtained against them for their personal debts. The learned Subordinate Judge took the view that whatever might have been the law before the passing of the Marumakkathayam Act of 1933, after the passing of that Act, their interest is attachable by virtue of Section 38 of the said act. This view is canvassed by Mr. Kuttikrishna Menon. His contentions are that under the Marumakkathayam law, by which the appellants are governed, there was no interest of the appellants in the property capable of attachment, that the Act has not in any way effected an alteration of the law in this respect, that the only right which a junior member has is a claim for partition under Section 38 if he fulfils the conditions but not otherwise, and that unless that right is exercised and he obtains the property by virtue thereof, he has no disposable interest therein. To appreciate the contentions,