SOMNATH IYER, J. - (1.) IN the village of Bukkambhudhi in the district of Chickmagalur, there was a Hindu joint family composed of four brothers who belonged to a family of goldsmiths. Defendant 1 Deveerachar is one of the four brothers, and between those four brothers, there was a partition on April 22, 1927 recorded in Exhibit P -1. There was again another partition between Deveerachar and his brother Paniachar on September 24, 1938, which is recorded in Exhibit P -3 presumably for the reason that notwithstanding the earlier partition, a further partition between them became necessary. But, with that we are not concerned very much in this appeal.
(2.) DEVEERACHAR is defendant 1 in the suit out of which this appeal arises, and he has four sons. Defendant 2 is his first son; the plaintiff is his second son and defendants 3 and 4 are his third and fourth sons. The plaintiff is an advocate of this court. Defendant 3 is an engineer is Government service and defendant 4 who acquired an engineering qualification has been doing nothing particular. On April 3, 1959, Deveerachar the father, made a partition between his four sons. Each one of these four sons was allotted an area of garden land, some wet lands, some dry lands, and, to two of them he gave one site each and to each of the others two sites.
(3.) THE plaintiff who was dissatisfied with the partition made by the father instituted a partition suit on July 20, 1959, and, when the partition made by the father which is recorded in Exhibit D -22 was pleaded in defence, he impeached that partition as unfair and unequal. He claimed a partition of as many as thirty nine items of Immovable property and, twelve items of moveables including cash the aggregate of which was valued at Rs. 50,540/ -.;