S. Sankarasubban, J.

The above appeal is preferred by defendants 18 to 21, 23, 26, 28, 30, 32 and 33 in O.S. No. 422 of 1982 on the file of the Subordinate Judges Court, Tellicherry. The suit was filed for partition. There are 36 plaintiffs and 33 defendants in the suit. The suit was filed on the following grounds:

2. Plaintiffs and defendants 1 to 13, the deceased Assainar, Moidu and Abdulla were members of a Muslim Marumakkathayam family, called Arool Koliantavide Tarwad. The plaint 'B' schedule properties and building therein belonged to one Kunhali of Puthalathu Thaliyan Thottoli. The aforesaid Kunhali was following the Marumakkathayam system of law. With regard to the properties belonging to Kunhali, he executed a Will dated 3.3.1904 and it was registered on 4.6.1904. As per the Will, the plaint 'B' schedule properties were bequeathed to the wife of Kunhali, viz., Pathumma and her children, Kunhamina, Assainar, Katheessa, Moidu and the first plaintiff Ayisha and to the women members of that family.

According to the plaintiffs, after the death of Kunhali, the plaint'B' schedule property belonged to the Tarwad consisting of the wife and children of Kunhali. Accordingly,