1. Plaintiff is the appellant. Suit was for partition and allotment of 1/3rd share in plaint schedule property to plaintiff declaring that a gift deed in favour of the predecessor of defendants 1 to 3 over that property is void. In the alternative setting aside of that deed, if so warranted, and, declaring that such deed is not binding on plaint property and plaintiff was also sought for. Suit was dismissed by the learned Sub Judge, and aggrieved, the plaintiff has preferred this appeal.

2. Plaintiff, late Sundaresan (husband of first defendant and father of defendants 2 and 3), and fourth defendant are the children of one Kamalakshy. She had another son, namely, Rajappan, who, as unmarried predeceased her. After the death of her husband, Kamalakshy and her children entered into Ext.A1 partition deed in which 'A' schedule was allotted to Kamalakshy and her son Rajappan. 'A' schedule has an extent of 23.125 cents and, on death of Rajappan, Kamalakshy became the absolute owner of that property. Later Kamalakshy executed a gift deed over 9 cents of land out of the above property in favour of plaintiff. Remaining extent of property in 'A' schedule, 14.125 cents, is the plaint