Yahya Ali, J.

1. The plaintiff in O.S. No. 408 of 1943 on the file of the District Munsiff of Masulipatam is the petitioner. He applied by C.M.P. No. 1827 of 1944 to amend the plaint and that application was refused by the District Munsiff and the present petition arises out of that order.

2. The first defendant is the elder brother of the plaintiff. They constituted a joint family, and it is agreed between the parties that they divided. The plaintiffs case is that the partition took place about 1928, while according to the defendant the plaintiff left the village as early as 1885 abandoning his share in the family property. Ever since, the first defendant has been in enjoyment of the entire property. At present we are not concerned with the details of the defendants version. The plaintiffs case is that although the partition took place in 1928 some partition lists were prepared on 15th April, 1930, and that, the properties which fell to his share were entrusted by him to the first defendant for management under an arrangement whereby the first defendant was to collect rents and deliver the same to the plaintiff at his place. It is also his case that in pursuance of this arra