1. Plaintiffs in O.S. No. 94 of 1954 on the file of the Sub-Court at Attingal have preferred this appeal against the decree dismissing the suit. Originally there were 41 plaintiffs of whom the 41st plaintiff died & her heirs were impleaded as additional plaintiffs 42 & 43. These plaintiffs & the defendants in the suit are members of one and the same tarwad consisting of 4 thavazhies. These parties are Ezhavas & are governed by the Travancore Ezhava Act, Act III of 1100. Plaintiffs' suit is for partition of the common tarwad properties on a per capita basis and for recovery of the share due to the plaintiffs' branch. The majority of the members in the plaintiffs' branch have figured as plaintiffs and the remaining members are included in the party array among defendants. On the date of the suit the total number of members in the tarwad is stated to be 105, of which 71 members belonged to the plaintiffs' branch. On this basis, plaintiffs have claimed for their branch 71/105 share out of the scheduled properties There was an earlier suit, O. S.467/1114, by the members of this branch for partition of the tarwad properties and recovery of the share due to the plaintiffs' bra