1. The question that arises in this Second Appeal is whether before the Cochin Makkathayam Thiyya Act (Act XVII of 1115) became law the unmarried daughters of a Thiyya (Ezhava) male dying intestate, leaving no sons, excluded the married daughters from succeeding to his estate. One Kunjan who belonged to the Talappilly Taluk died in 1100 leaving a widow and 4 daughters. The two elder daughters were already married at that time. The plaint schedule proeprty was the only asset left behind by Kunjan on his death. There was a simple mortgage over it in favour of the father of defendant 1. On his father's death defendant 1 put the mortgage in suit in O.S. 120 of 1102 on the file of the Vadakancherry District Munsiff's Court and in execution of the decree passed therein the mortgaged property was brought to sale and defendant 1 himself purchased it. The widow and the two unmarried daughters were alone made parties to the suit. Persuant to the sale certificate issued in his favour defendant 1 obtained possession of the property through court on 16.7.1118. Soon afterwards on 27.7.1118 the present plaintiffs applied for re-delivery. Plaintiff 1 is Kunjan's 2nd daughter and plaint