Judgement

R. L. NARASIMHAM, C. J. :- This is an appeal by the contesting defendants (Defendants 1, 2, 4, 5, 6 and 9) against the judgment and decree of the Additional Subordinate Judge, Berhampur, passing a preliminary decree for partition, for estimation of mesne profits, and for other consequential reliefs in favour of the plaintiff. The following is the pedigree showing the relationship of the parties.

2. The plaintiffs case was that the joint family properties of her husband Pitambar and his two brothers, Kruttibas and Appanna, were partitioned by metes and bounds by four arbitrators by an award dated 9-7-1929 (Ext. 6). At that time, her husband was a minor and his mother guardian Domini Dei accepted the award on his behalf. By virtue of the said award, the properties described in schedules A and B fell to Pitambars share.

The properties described in schedule D were given to Dommi Dei for her maintenance during her lifetime to be divided equally amongst the three sons after her death, and the properties described in schedule L were given away to Surekha as her marriage dowry. The properties described in schedule C were kept joint because the interest of the family in these proper