G. Viswanatha Iyer, J.

1. Feeling aggrieved at the rejection of his claim for partition of all except four items in the plaint B schedule the plaintiff has come up with this appeal. The plaint B schedule contained 34 items. The lower court has found that items 8, 13, 20 and 33 were obtained by the plaintiff's grand mother's tavazhi on partition of the main tarwad. A decree for partition and allotment of the plaintiff's 1/31 share has been granted by the lower court. Item 34 has been found to be the self acquisition of the first defendant. So the plaintiff's claim for partition of it has been denied. The rest of the B schedule items have been found to be acquisitions in the name of the plaintiff's grandmother by her husband and as such held to be tavazhi properties. But the plaintiff's claim for partition over them has been denied to him on the sole ground that he relinquished his claim over them by a registered surrender deed dated 2-6-1952. Pending suit the plaintiff's mother the fifth defendant died and the first defendant, a brother of the plaintiff propounded a will Ext. B14 under which he is made the sole legatee. In this appeal the plaintiff challenges the correctness