1. These are appeals presented by the 52nd defendant in O.S. 105 of 1108 on the file of the District Court of Quilon. That was a suit for partition in a Malabar tarwad consisting of 46 members at the time of the action, one of whom was the plaintiff and the others were defendants 1 to 45. The 46th defendant is the wife of the 1st defendant who died pending the suit. Defendants 52 to 57 are their children. The 1st defendant contended, inter alia that there was no undivided tarwad as alleged in the plaint because, by means of an Udampadi of the year 1074 the tarwad got divided into 3 groups, that those three groups were in possession and enjoyment of properties allotted to them separately and that those groups thereafter conducted themselves as though there was no community of property as between them. Defendants 1 to 9 who formed one of the three groups divided as between themselves in the year 1096 and the 1st defendant separated as a single member. The properties in his possession were, therefore, claimed as exclusively belonging to him. Various facts and circumstances were adverted to in the written statement calculated to confirm the case set up by the 1st defendant