1. Defendant 1 in O. S. No 24 of 1952, on the file of the now defunct District Court of Mavelikara, has brought this appeal against the judgment and decree passed in that suit on 28th March, 1955 whereby a sale deed, Ext. II, dated 30-9-1117 in his favour and in favour of his brother, defendant 2, has been set aside on certain terms. Some time prior to the suit defendant 2 had made over his rights under Ext. II to defendant 1 and the latter alone contested the suit.

2. The property conveyed as per Ext. II belonged originally to one Puthuparambu tarwad in Amichakari Muri, Champakkulam Pakuthy, Ambalapuzha Taluk. That tarwad first got itself divided into different branches as per a partition deed in 1099 M.E. Later, on 25-10-1107 one of the branches effected a further division and we are in this appeal mainly concerned with that branch. Ext. D and Ext. II are copies of the partition deed in that branch Another branch of the Puthuparampu tarwad which got the property in question as per the partition of 1099 assigned the same to P.W. 2 on 4-5-1109 (Ext. A, copy), but on 18-2-1112 P.W. 2 sold the property to one Chellamma, a divided member of the branch first referred to - vi