RADHAKRISHNAN, J. :- Appellant is the plaintiff in a suit for partition.

2. Plaint A and B schedule properties originally belonged to one Kaderkutty Haji. He died intestate and had no issues. First defendant is the widow of Kaderkutty Haji. Defendants 2 to 5 are the children of the deceased brother of Kaderkutty Haji and plaintiff is his sister. Since Kaderkutty Haji died intestate, according to the plaintiff, she got half share of the properties of Haji and first defendant has got half of the remaining half and that defendants 2 to 5 had got the remaining half share. Kaderkutty Haji had other items of properties and those items were partitioned as partition deed dated 11-11-82. However, the plaint schedule items were not included in the said partition. Later mediators intervened and tried to settle the matter relating to the plaint schedule properties, but the same was not materialised. Defendants 2 to 5 later filed O.S. 474/83 which was dismissed for default. However, a contention was raised in the said suit by first defendant that the plaint schedule properties were gifted to her. According to the plaintiff even if the gift deed was executed the same is invalid. She, the