S. Velu Pillai, J.

1. This appeal was preferred by the first defendant, the karnavan of Kalliatt tarwad against a preliminary decree for partition of its assets. One of his contentions in the suit was, that some of the properties in B schedule of the plaint belonged to five private devaswoms which are owned by the tarwad and of which he, as the karnavan was the ooralan, and that they are not partible. This contention was repelled by the Subordinate Judge at Tellicherry by whom the suit was tried. In this appeal, the first defendant had reiterated this contention. On his death his widow and children were impleaded as additional appellants 2 to 12. Afterwards, the 122nd defendant who had been impleaded in this appeal as the 121st respondent and who was next in succession to the karnavan-ship and who claimed to be the next ooralan, applied to be transposed as an appellant to enable him to press the contention of the first defendant as to the partibility of the aforesaid properties. The transposition has been ordered by us on C. M. P. 4814 of 1959 and he has been impleaded as the additional 13th appellant. His learned counsel pressed this appeal only with regard to the partibili