RAMASWAMI, J. :- This is an appeal preferred against the decree and judgment of the learned Subordinate Judge of South Kanara in O. S. No. 118 of 1950.

2. The facts are :- Ramakrishnaya, a retired District Registrar, and Ananda Rao, a retired Sub-Assistant Surgeon, were brothers governed by the Mitakshara Law. Both had divided themselves from the other members of the family and from each other. In 1934 Ramakrishnaya, the retired District Registrar, owned a house and garden and also some money and investment (mentioned in schedule A of the plaint) and Ananda Rao owned immovable properties described in item 2 of the plaint B schedule which he had got at partition and items 1 and 3 to 6 therein which were his self-acquisitions, and also large investments of moneys of his own.

It is common ground that Ananda Rao was a rich brother and Ramakrishnaya was a poor brother. This Ramakrishnaya was childless though he had married twice. His childless second wife Radhamma alias Kaveri is even now alive and she is the 7th defendant in the suit. Ananda Raos wife had died by 1934 and by her he had two sons living Nagasayana then aged about 13 and Hayavadana, then aged about 11, who is the h