RAMASWAMI, J. :- This is an appeal preferred against the decree and Judgment of the learned Subordinate Judge of Tanjore in O. S. No. 15 of 1947.

2. The facts are:- The plaintiff and defendants 1 to 3 are brothers. Defendants 4 to 11 are their sons. Defendants 12 to 17 are alienees. This family of four brothers was a leading Mirasdar family of Kunniyur. They own lands in several villages. The plaintiff was residing at Kunniyur and Kumbakonam. The first defendant was managing the lands at Perugavazhanthan. The second defendant was managing the lands in Kunniyur, Periakudi and Tiruventhurai. The third defendant was managing the lands at Agaram, Palayangudi, Manakud and Vikrapandiam. They used to send the net realisations to Kunniyur and invest them in banks at Kumbakonam and they used to lend out moneys also.

This family was also assessed to income-tax. These brothers were living amicably till 1940 and improving the patrimony left by their father and came to own 112 velis of land. In November 1940 on account of differences between the womenfolk, they agreed to become divided and prepared four lists. But as they could not proceed further as to how the allotment was to be made a