Venkatasubba Rao, J.

1. The question to be decided in this appeal is, whether or not there was a completed partition between the plaintiff and his brothers, the defendants. If the plaintiffs allegation that there was a partition, is found to be true, he will be entitled to the injunction claimed; otherwise not. The only defendant who denied the partition, is the first defendant, who was the manager of the family. At the trial two documents were filed, described as partition lists (Exs. E and E-1). Ex. E relates to the lands owned by the family and sets out the items that fell to the share of each member; Ex. E-1 is a sketch of the houses and similarly describes which items were allotted to which member. There are some subsidiary conditions appended as to the mode of enjoyment. The partition set up in the plaint was an oral partition and the first defendant boldly denied that there was in fact any partition ever effected. The plaintiff was then obliged to produce the lists (Exs. E and E-1) as evidence of the fact that there was, independent of these lists, a completed partition. Both the Courts below as well as Burn, J., who heard the second appeal, were of the opinion that n