Defendants 2 to 4 and an alienee of the 2nd defendant are the appellants. Plaintiff claimed 1/ 4 share in the plaint schedule properties. Plaintiff and defendants 1 to 3 are the children of one Nani who died on 6-7-1964. The other defendants are persons claiming under the defendants. Plaint schedule items 1 to 6 and 12 to 17 absolutely belonged to Nani. Items 7 to 11 are the makkathayam properties of Nani and her children, each having an equal share over the same. In regard to items 18 to 25 the suit was dismissed by the trial Court which was not challenged by the plaintiff and accordingly that has become final. According to the plaintiff, after the death of Nani, he is entitled to a fourth share in the plaint properties; but the defendants entered into a partition arrangement evidenced by Ext. P12 dated 17-3-1965 excluding the plaintiff and accordingly the present suit is filed for partition and recovery of his share.

2. The contesting defendants filed a written statement and according to them the plaintiff has no right in the plaint schedule properties. Even during the life time of Nani, the plaintiff was pestering her that he should be given a share over the properties