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, the property was in the possession of Thavazhi Karanavar, Assainar, till his death and after the death of Assainar, the next seniormost member, Moidu was in possession till 1974. Assainar was taking the income from the property as Karanavar. The present seniormost member of the family is the first defendant.

3. As per the above Will, certain properties were given to Kunhali's brothers and sisters and the children of the sisters and accordingly, they are enjoying the properties.. Plaintiffs 2 to 36 and defendants 4 to 13 are the children in the female line of the first plaintiff. Second defendant is the son of the deceased Mariam, who is the sister of the first defendant. Defendants 14 to 17 are the representatives of the deceased Assainar, defendants 18 to 22 are the representatives of the deceased Abdulla and defendants 23 to 32 are the representatives of the deceased Moidu. Before the first defendant, Moidu was the Karanavar and he died in 1974. The income from the properties was taken by the first defendant and the representatives of Moidu, viz,., defendants 23 to 32.

4. Plaintiffs sent notice for partition of the properties with mesne profits. First defendant and Moidu sent notices raising untenable contentions. Hence, the suit is filed for partition of 36/52 share in the plaint'B' schedule properties in favour of the plaintiffs along with past and future mesne profits from the first defendant and defendants 23 to 332 and for other reliefs.

5. Separate written statements were filed by the defendants. First defendant filed a written statement as follows:- He denied that the plaint schedule properties were Thavazhi properties. He admits the Will dated 21.3.1904, but submits that the properties belonged exclusively to the wife and children of Kunhali. It does not belong to the Thavazhi. Further it is stated that there was a partition among the heirs in 1968 and the parties are in possession of the properties as per the oral partition of 1968. In the written statement filed by defendants 3 to 13, the following contentions are raised. The allegation that the parties belonged to Marumakkathayam family is denied. The execution of the Will in March, 1904 is admitted. It is also admitted that the properties belong to Thavazhi consisting of defendants 1 to 13, AssainarHaji, Moidu, Kunhamina and Katheessa. These defendants supported the plaintiffs and they prayed that they should be given 11 shares out of 52 shares.

6. Separate written statements are filed by defendants 15,16 and 17. According to them, defendants 14 to 17 are the representatives of the deceased Assainar. Assainar died in 1962. The properties were inherited by Kunhali's wife and children jointly and not as Thavazhi properties. They also prayed for partition of their share. In the written statem