Judgement

JAGANNATHA SHETTY, J.:- This appeal by Special Leave is against the judgment and decree dated July 16, 1971 passed by the. High Court of Kerala in Appeal Suits 183, 195 and 249 of 1966.

2. The Appellant is the plaintiff and respondents are defendants 1 to 34 in Original Suit No. 35 of 1961 of the Sub Court, Alleppey, Kerala State. It is a suit for partition in which the plaintiff claims 1/33 share in the plaint properties. The plaintiff and defendants 1 to 33 are members of an undivided Malayala Brahmin illom. They are the descendants of one Vishnu Embran. (referred to hereinafter as Vishnu (Senior)). The relationship of the parties with Vishnu (Senior) is set out in geneological. table annexed to the common judgment of the High Court. Suffice it to state here that Vishnu (Senior) had three sons : Kesavan, Krishnan and Narayanan. The plaintiff is the grandson of Kesavan. One of the sons of Kesavan was given the name of his grand father. To avoid confusion, we may call him as Vishnu (Junior).

3. Vishnu (Senior) did not remain with the members of his illom. When he was 17, he took some properties of his illom for maintenance and moved out of his native village. He settled at a