Ramesam, J.

1. The facts out of which these appeals arise are briefly these: One P. Venkatachalam was a well-known condiment and ice manufacturer of Madras. He acquired considerable property and died. One of his sons Subbaraya Pillai predeceased him leaving a son Sundaramurthi. Another son of P. Venkatachalam, namely, Subramania Pillai was appointed executor of his last will and testament. Another son Murugesam Pillai and some others including Sundaramurthi Pillai instituted C. S. No. 238 of 1905, in the High Court (original side), Madras, for partition and administration of the properties of Venkatachalam. Sundaramurthi claimed in that suit a fifth share in the properties of the deceased Venkatachalam. By the decree in that suit Sundaramurthi was declared entitled to a fifth share in all the properties and under that decree he got various properties besides a sum of about two lakhs. During the pendency of that suit a son was born, namely, Krishnamurthi. Sundaramurthi seems to have lived an extravagant life leading to wastage of the family property and heavy debts. The present suit was filed on 11th February 1927 by his minor son Krishnamurthi already mentioned and his daugh