1. This appeal is by the plaintiffs and it arises out of a suit instituted by them as vendees of immovable property against the vendor for damages for fraudulent misrepresentation as to title to the property sold and also for enforcement of a covenant of indemnity contained in the sale deed.

2. The property in question which is scheduled as item 1 to the plaint is a garden land 78 cents in extent in Edava Pakuthy in Chirayinkil Taluk. Along with other properties it was the subject-matter of a partition suit O. S.705 of 1105 on the file of the Attingal Munsiff's Court, among the members of an Ezhava tarwad, who are represented in this suit as defendants 1 to 34. Defendants 29 to 34 who were the plaintiffs in that suit, claimed the property to be common tarwad property and as such available for partition while the 1st defendant set up the exclusive title of his sakha comprising the defendants 1 to 3. According to the 1st defendant it was an acquisition of Kurumpa Nachi whom he put forward as the sister of the grand-mother of his mother and had devolved in due course of succession on his sakha alone Pending that suit O. S.705, the first defendant, his mother Chirutha Kali a