1. The 1st defendant & the 1st plaintiff are brothers. The 4th defendant is their sister. The 7th defendant is the husband of the 4th defendant; and defendants 2,3 and 5 are their children. The 6th defendant is the daughter of the 5th defendant. They belong to a Variyar tarwad. The community normally follows the Marumakkavazhi system of succession, except when a member marries in the 'Kudivaippu' form, taking the wife to the husband's house to reside there permanently, in which case he will be entitled to claim partition, and succession to him will be under the Makkavazhi system.

2. The plaint includes five Schedules of properties: Schedules A and B enumerate tarwad properties; Schedule E properties that belonged to the tarwad, but have been, subsequent to the date of Ext. P-2, exchanged for properties shown in Schedule D; and Schedule C describes the properties acquired in the name of the defendants, which the plaintiffs claim to have been out of tarwad funds.

3. On 8-3-1125 Ext. P-2 was executed by the tarwad allotting plaint B schedule properties to the 1st plaintiff for his maintenance, with a recital therein:

It provided also for the 1st plaintiffs borrowing Rs. 5000/