P.T. Raman Nayar, J.

1. The property in suit originally belonged to the tarwad of Parameswara Pillai, the father of the plaintiffs. It was then subject to a possessory mortgage, Ex. P-l dated 3.12.1087 M. E. (18.7.1912 A. D.)and a deed of further charge, Ex. P-2 dated 16.7.1093 (29.3.1918). The mortgagee was admittedly in possession, and, under the terms of the deed, nothing was payable, to the mortgagor by way of residual rent or profits. In a partition of the tarwad in 1103 (1927-28), the property was allotted to Parameswaran Pillai and his brother Gopala Pillai while their mother, Lekshmi Amma, who was then alive was given a separate share. The partition deed is not in evidence but the contention that Parameswaran Pillai and Gopala Pillai took the properties jointly as a thavazhi and not in equal shares as tenants-in-common was abandoned in the lower appellate court, and, although it has been repeated in the memorandum of Second Appeal, it has not been urged at the hearing. Gopala Pillai died in 1107 (1931-32) leaving his mother Lekshmi Amma as his heir. But Parameswaran Pillai seems to have been under the belief that Gopala Pillai's half share devolved on him by survivor