K.S. HEGDE, J.

(1) SOME of the defendants in the suit have brought this appeal after obtaining certificate under Article 133 (1) (a) of the Constitution. The suit was brought by one Kochi for partition and possession of an half share in the suit properties on the strength of her title to the same. Her case was that the suit-schedule properties were owned by two brothers by name lttiri and lttaman; each one of them had a hall share of those properties; they were tenants in common; after the death of lttiri she became entitled to his share. The suit was resisted by the defendants on two grounds namely, (1) that the plaintiff had no title to the suit properties and (2) that even if she had any title, it was lost by ouster. The trial court accepted the defendants case and dismissed the suit. In appeal the High court of Kerala partly allowed the plaintiffs claim. It came to the conclusion that in respect of some of the items mentioned in the plaint-schedule, lttiri and lttaiman were co-owners and lttiris share after his death devolved on the plaintiff. As regards the other properties included in the plaint-schedule, the High court came to the conclusion that they were of the excl