1. This appeal is by the defendants in a suit for declaration of title and recovery of property with mesne profits.

2. The property scheduled to the plaint originally belonged to Unti Raman. Under Ext. I partition arrangement of 1084 in regard to the plaint and other properties, between Raman, his brother Krishnan and their two sisters, Raman did not take any share for himself and was content with a provision for contribution of certain amount every month by two of the allottees. But at the same time the suit property was allotted to Raman's wife Cheeru for her enjoyment for life and thereafter to be taken by her four brothers specifically named. Cheeru died in Kumbhom 1124. But even during her life-time herself along with Raman gave away the property to the defendants, sons of Krishnan by Ext. A deed of assignment dated 16.10.1088. The plaintiff obtained sale of the property from Cheeru's brothers and their legal representatives in 1951 under Exts. J, K and L. According to the plaintiff Ext. A assignment deed executed by Raman and Cheeru was wanting in authority and did not affect the interest of Cheeru's brothers in the property under Ext. I and therefore the plaintiff