Defendants 1,3,4,6 to 8,10 to 14 and 17 to 20 in O.S. NO: 127 of 1978 on the file of the Court of Subordinate Judge, Kozhikode are the appellants. Suit was for partition of plaint schedule properties.

Plaint schedule properties belonged to one Kannambath Narayanan Nair, father of plaintiff and 1st defendant. He executed a will Ext.A1 dated 20-10-1989 bequeathing the plaint schedule property in favour of plaintiff and 1st defendant and their mother Ammalu Amma, now deceased, and the children of 1st defendant. Narayanan Nair died on 1-1-1957. The parties were governed by Marumakkathayam Law. It is the plaintiffs case that on the death of Narayanan Nair, plaintiff became entitled to 1/3 share, that subsequently, plaintiff smother died and her right became devolved on plaintiff and 1st defendant, that therefore plaintiff became entitled to 1/2 share and defendants land 2 to 11, the children of 1st defendant together became entitled to the remaining 1/2 share, that a notice was sent by him demanding partition, to which a reply was sent contending that the plaintiff was entitled to only 1/13 share and that since the properties were 'puthravakasam tavazhi properties', plaintiff