Defendants 1, 5 and 12 are the appellants. The appeal is direct against the preliminary decree and judgment passed by the Sub Court, Palghat in O.S. No. 76 of 1979. The suit was for partition and separate possession of the plaintiff's 1/6 share in the plaint schedule properties with her share of future mesne profits.

2. Gopalan father of the plaintiff and defendants 2 to 5 and husband of the Ist defendant died in 1968. Plaintiff and defendants 1 to 5 are his legal heirs. They are governed by Hindu Mithakshara Law being members of the Ezhava community. They belonged to an undivided Hindu joint family. Items 1 to 8 are properties set apart to the share of Gopalan in a partition between himself, his two brothers Keli and legal heirs of Andi Muthu in 1955 and items 1 to 29 were set apart to Gopalan in another partition between himself and Keli and the legal heirs of Andimuthu. Item No. 30 was purchased by Gopalan in 1963 from out of the income from items 1 to 29. After the death of Gopalan the properties were held jointly by the plaintiff and the defendants 1 to 5 and they were looking after and managing the properties. On these allegations the plaintiff filed the above suit