1. The appellants are defendants 1 to 3 in a suit for partition.

2. The plaint properties belonged to Mammad who died on October 27,1956, Defendants 1 to 3 and plaintiffs 1 and 2 are his children. On June 18,1956, a deed of partition, Ext. B22, had been executed among Mammad and his children. Certain disputes regarding properties that stood in the name of the 1st defendant and his exertions for acquisitions in the name of Mammad were settled by that deed and properties divided among defendants 1 to 3 and plaintiffs 1 and 2 with immediate effect. It was agreed therein that properties not included in the deed belonged absolutely to the persons in whose name they stood and that no other party would have any claim thereto. Clause.6 and 7 of that deed recite as follows:

16- .... It is resolved that properties not included here in but found in the name of any of us belong to such persons separately and that the others among us shall not advance any claim thereto contrary to the document (of title) ....

7... As more properties than what parties Nos.5 and 6 may get as (heir fair shares under the Shariat in the acquisitions of the 1st party have been allocated to them under Schedul