M. Madhavan Nair, J.

1. The appellant is the 1st defendant in a suit for partition of the properties of her deceased husband, Peru. Defendants 2 to 5 are their daughters. They had also another daughter by name Josephine, who pre-deceased Peru. The 1st plaintiff was the husband of Josephine whose only child is the 2nd plaintiff. The suit has been instituted by the 1st plaintiff for himself and on behalf of his minor daughter, the 2nd plaintiff, on the allegation that under the Cochin Christian Succession Act (6 of 1097) the plaintiffs 1 and 2 have inherited in equal moieties, one-sixth share in the estate of Peru.

There are three schedules of properties appended to the plaint, the A schedule being the immovable and C schedule the movable properties that stood in the name of Peru at the time of his death. The plaint B schedule contains the immovable properties, inclusive of a mortgage right, which have been acquired by Peru in favour of his wife, the 1st defendant. According to the plaintiffs they also belonged to Peru and are as such divisible among the heirs of Peru.

2. The 1st defendant contended that the plaint B schedule properties belong to her absolutely, having been purc