1. This appeal arises out of a suit for partition among the members of a Nair tarwad and the question is whether the only item of immovable property in respect of which the plaintiffs prayed for and court below granted a preliminary decree for partition is at all tarwad property available for purpose of partition.

2. The tarwad consists of the plaintiffs 1 to 11 and defendants 1 to 6. The 1st defendant Raman Nair, is the Karanavan of the tarwad. The 2nd defendant Karthiyayani Amma is his sister and also the mother though by separate husbands, of the 1st plaintiff and the 3rd defendant. Plaintiffs 2 to 11 are the members of the thavazhi of the 1st plaintiff while the defendants 4 to 6 are the children of the 3rd defendant. According to the plaintiffs' case, the defendants 1 and 2, their mother Paru Amma and their elder brother Gopalan Nair who constituted in all the adult members of the tarwad in 1097, obtained Rs. 100 under Ext. A partition deed of that year in the main tarwad, in lieu of their tarwad's share and settled down as Kudikidappukars in the property near by appertaining to the Illom of Pw. 2, Gopalan Nair and the 2nd defendant also taking service in the illom.