1. This appeal arises out of a suit by a junior member in a branch of the Kuttamathu Nair tarwad in Pallichal Pakuthy, to set aside certain alienations as well as a partition effected by and among the members of the other branch of defendants 6 to 15 as if it had long ago become divided. The plaintiff's case was that all the evidence afforded by registered documents as well as judicial pronouncements pointed only one way, viz., the joint undivided status of the members of both the branches. The court below after elaborate discussion held against the contentions of the defendants 6 to 15 and found that the plaintiff and defendants 1 to 15 constituted an undivided tarwad and that the properties scheduled to the plaint belonged to the common tarwad. This finding though disputed in the appeal memorandum is not questioned before us. The matter which is pressed before us concerns one other question between the parties which formed the subject of issues 4 to 6 in the case. They ran as follows:

"Are the defendants 6 to 15 in possession of plaint schedule items .1 to 9 on the basis of the document of 1001 as contended for in para 4 of the plaint and paras 20 to 22 of the replica