(1.) 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 defen dants 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 fa mily 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 vised 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 and they had also certain differences, they gave a muchalika to their sister's husband Sri P. S. Sivarama ayyar, who was then aged about 60 and who was the President of the Bar association, Negapattinam till 1930.
(3.) THERE is no dispute that these four brothers have been in enjoyment and possession of the properties that had fallen to them in the division. and extensively alienating the said properties and acquiring properties and spending large sums for improving the properties fallen to their shares.