1. This Second Appeal is by Defendants 1 to 4 and 6 to 18 in O.S. No. 394 of 1963, Munsiff's Court, Badagara which was a suit for partition. The properties sought to be partitioned were gifted by one Cba¬thappa Kurup under Ext. B-1 dated 1711902 in favour of his wife Parukutty Amma and his children then existing by her, namely Ananthan Nambiar (the plaintiff) Lakshmi Amma, Chindan Nambiar and Krishnan Nambiar. Ext. 6-1 contained a provision that the income from the properties was to be utilised also for the support of the children to be born to the donor by Parukutty Amma The plaintiff was prepared to concede a share to Narayanan Nambiar, the 4th Respondent who was the subsequently born child. Thus a 1/5th share for each of the five children was claimed on the ground that the division had to be on the stirpital principle in accordance with the proviso to S.48 of the Madras Marumakkathayam Act 1933. Supplemental Defendants 6 to 19 were the descendants of the Ist Defendant and it was claimed by them and by Defendants 1 to 4 that the properties belonged to the tavazhi constituted by the plaintiff and Defendants 1 to 4 and 6 to 19. Both the courts below upheld the plaintiff