1. This is an appeal made by defendants 1, 3 and 4 against the preliminary judgment and decree of the Second Judge, Nagercoil District Court, dated 28th Vrischikam 1122 (13th December 1946) directing partition and delivery of a halfshare in some of the properties described in the schedule to the plaint to the plaintiff (1st respondent) setting aside a deed of settlement (Ex. A) executed by the 1st defendant in favour of defendants 3 and 4 and their mother (2nd respondent) who was the 2nd defendant in the court below.

2. The parties are Hindus. They belong to a special sect called 'Krishnan Vaka'. It is admitted that they are governed by Mitakshara Hindu Law The sub joined geneological table shows the relationship of the parties.

3. Marthanda died in the year 1096, leaving him surviving his widow Neelammal (D. 1), two sons, Perumal and Kulasekhara and a daughter, Perumal Pillai (D. 2). Plaintiff is the widow of the elder son Perumal who died issueless in the year 1100. The younger son Kulasekhara died in the year 1103.

4. On 5-8-1119 the 1st defendant executed a deed of settlement (Ex. A) in favour of her daughter Perumal Pillai (D. 2) and the two grand-sons (Ds. 3 and 4).