Eradi, J.

1. The plaintiffs are the appellants. In this appeal we are concerned only with plaint items 1 to 5 of A schedule properties. These items belonged to the Marumakkathayam joint family of the plaintiffs. They were originally allotted to the tavazhi of their mother Pennamma in a partition in their tarwad. Pennamma died sometime in 1941 leaving the two plaintiffs, both minors, as the sole surviving members of the joint family. On 9-6-1943 when the plaintiffs were minors, their father the 4th defendant, purporting to act as their guardian and their maternal grandparents sold the properties to the 1st defendant by Ext. P1 and put him in possession. The suit was for recovery of possession of the properties after setting aside the sale deed for the reason that the executants were incompetent in law to alienate the properties and it was filed in forma pauperis on 1-e-1954.

e. The 1st defendant gifted the properties to his children, defendants 5 and 6, by Ext. D6 dated 7-10-1949.

2. The courts below have found that Ext. D6 came into effect and that defendants 5 and 6 got possession thereunder When the suit was filed on 1-e-1954, the 1st plaintiff had attained the age of 21