Ramachandran Nair, J.

1. A suit for partition in which the appellants were arrayed as defendants, was decreed by the court below in favour of the plaintiff. It was found that the plaintiff/respondent is entitled to get 6/10 shares in the plaint schedule properties and that the appellants are entitled to get 4/10 shares together. By holding so, a preliminary decree has been passed which is under challenge in this appeal. The first appellant, the mother of appellants 2 to 4 died during the pendency of the appeal and appellants 2 to 4 have been recorded as legal representatives of the deceased first appellant.

2. The parties are Nambudiries. The respondent/plaintiffs father late Shri Neelakantan Nambudiri had the plaintiff as his son through the first wife. The mother of the plaintiff died before 1955. Appellant NO.1 is the second wife of deceased Neelakantan Nambudiri and appellants 2, 3 and 4 are his children through the first appellant.

3. Late Shri Neelakantan Nambudiri belonged to a Nambudiri Mana known as Thekkiniyedath Mana. The properties of the Mana were partitioned by a registered partition deed dated 27.6.1958, No.1062/1958 of the Sub Registry Office, Ottappallam. The