K. Sadasivan, J.

This second appeal is by the respondents-defendants. The suit was for partition. The plaint schedule property was gifted in the year 1104, jointly by two brothers Sankaran and Govindan in favour of Devaki, the widow of their elder brother Sami, and her two children Madhavi and Kumaran. The parties are Marumakkathayee Thiyyas. After some time Devaki died and on her death her rights devolved on the two children Madhavi and Kumaran. As, Kumaran was not allowed to share the income from the property, the suit was instituted by him for partition. He claimed one half on the basis that by the death of Devaki the property devolved absolutely on himself and his sister Madhavi in equal shares. Defendants 2 to 7 are the children of Madhavi. The defendants contended that the property was intended to be enjoyed by the donees with the incidents of tarwad or tavazhi property, and as such the children of Madhavi are also entitled to share in the property. The learned Munsiff upheld the contentions of the defendants and passed a decree as if the property is an item of tarwad property, allowing partition on percapita basis, the plaintiff getting 1/8. The plaintiff appealed and