RAMACHANDRA IYER, J. :- This appeal arises from the decree in O. S. No. 39 of 1952 on the file of the Sub Court, Vellore. The first plaintiff is the appellant. The suit out of which this appeal has arisen, was instituted by five persons, claiming as heirs of one Syed Akbar Sahib, who died on 25-7-1940, for partition and separate possession of their share of properties. Syed Akbar Sahib left behind him his widow, Biju Bi, the 4th plaintiff, four sons and two daughters. Of them, one son, Syed Ahamad Sahib, and a daughter, Syadana Bibi, are now dead. The interest of the deceased daughter, Syadana Bi, has devolved upon the other heirs by virtue of a compromise arrangement with her husband, one of her heirs. Syed Ahamad Sahib died on 3-10-1951, leaving behind him defendants 1 to 5 to the suit, as heirs.

According to the plaintiffs, the late Syed Akbar Sahib left behind him the properties mentioned in Schedules A to C, that after his lifetime, his eldest son, Syed Ahamad Sahib, who was a Circle Inspector of Police, managed the properties by virtue of power of attorney executed by other members of the family, and that in the course of his management he acquired D Schedule properti