K.A. Abdul Gafoor, J.

Defendant No.1 is an assignee from defendant No. 2, the mother of plaintiffs 1 to 4 and defendants 3 to 5. The property in question was gifted to defendant No. 2 by her brother as per Ext. Al reserving a right to receive Rs. 100/-. That right was also relinquished and given in favour of defendant No. 2 as per Ext. A2. Thus defendant No. 2 became absolute owner of the property. At the time of gift plaintiffs 1 to 4 were not born to defendant No. . In other words plaintiffs 1 to 4 are children born to defendant No. 2 after the said gift deed.

Defendant No. 2 later assigned a portion of property to defendant No.1 as per Ext. A3 on 26.10.77. The plaintiffs, the children born to defendant No. 2 after the date of the said gift, have come up with this partition suit. Defendants 2 to 5 remained ex-parte. Defendant No. 1, the assignee from defendant No. 2 alone contested the suit. His contention was that the plaintiffs did not have any right over the property gifted to defendant No. 2 when she was minor. That gift shall be covered in terms of S.22 of the

Travancore Nair Act (2 of 1101) in which case the children born to donee will not have any right to the pro