R. Bhaskaran, J.

This second appeal is filed by defendants 1 and 3 to 5 in O.S.No.94 of 1986 on the file of the Subordinate Judge's Court, Vadakara. The suit was for partition of plaint A and B-schedule properties and allotment of 1/10 share in plaint A-schedule and 1/16 share in plaint B-schedule to the plaintiff. The suit was filed on the basis that the property described in plaint A-schedule belonged to the father of the plaintiff Pokkinan. He executed a Will on 25-9-1952 bequeathing the property in favour of the plaintiff and her children, who are defendants 6 to 8 and 11 to 15. According to the plaintiff, all the children of Pokkinan are entitled to equal share in plaint A-schedule property and therefore 1/10 share was claimed by the plaintiff. Plaint B-schedule property was admittedly set apart to the thavazhi of the plaintiff and her children as per partition deed of the year 1954 and the plaintiff prayed for partition of 1/16 share, defendants 1 to 15 being the other members of the thavazhi. Defendants 1 to 5 contended that as per the Will of the father, the bequest was in favour of the thavazhi of plaintiff and defendants and all the members of the thavazhi are