Defendants 5, 8 and 9 in O. S. 45 of 1960 on the file of the Additional District Court,of Parur are the appellants.

2. The suit was instituted by the plaintiff for partition and recovery of one-half share in plaint items 1 to 9 after declaring that the alienations made by defendants 1 and 2 in respect of plaint items 6 to 9 in favour of defendants 5 to 9 are not binding on her share therein. The trial Judge granted a preliminary decree allowing the plaintiff to recover after partition by metes and bounds l/3rd share in plaint items 1, 2, 4 and 5 and declared that the alienations in respect of plaint items 6 to 9 are not binding on her interest in those items.

3. The plaint items which are nine in number belonged to Vattu Govindan who was a member of the Kudumbi community following Hindu Mitakshara Law modified by custom. Krishnan, Parvathi and Lakshmi are the children of Vattu Govindan through his wife Gouri Bai (referred to in this judgment as senior Gouri Bai). Krishnan's wife is Gouri Bai who is the second defendant. Lakshmi's husband is Krishnan and their children are Raman, Lakshmanan who is the first defendant and Meenakshi who is the plaintiff. The suit proceeded i