1. Defendants 2 and 3 who are the legal representatives of the first defendant are the appellants. The appeal is directed against the decree granting the plaintiff's prayer for partition and separate possession of 1/3rd share in the plaint schedule property. The facts necessary for the disposal of the appeal are stated below.

2. The property originally belonged to a marumakkathayam tarwad consisting of C. V. Narayana Menon and Unnikrishna Menon who are brothers and their elder sister Kalliani Amma. Ext. A3 dated 4 71933 is a "bhagapatra karar" entered into by the members of the tarwad. Narayana Menon died in 1935 and Kalliani Amma died in 1938. The plaintiff is the daughter of Narayana Menon. The first defendant is the widow of Unnikrishna Menon who died on 7 91958. Narayana Menon executed Ext. Al will dated 4 7 1921 in respect of his properties, bequeathing the same to the plaintiff and others. Ext. A4 dated 3131940 is a registered partition deed entered into between the plaintiff and the other heirs of Narayana Menon and the 1/3rd share in the plaint schedule property was allotted to the plaintiff. Thus the 1/3rd share in the plaint item has become vested in the plaint