S. KRISHNA PILLAI, J.

1. The plaintiffs in O.S. No. 14 of 1105 of the Trivandrum District Court are the appellants. They are nine out of the 37 members of a Nayar Marumakkathayam tarwad who claimed to have their 9/37th share of the tarwad properties partitioned and allotted to them by metes and bounds. The 1st defendant is the karnavan and the 2nd defendant the manager of the tarwad and the 3rd defendant their brother. 4th defendant is a sister and the other defendants are the descendants of deceased sisters. Plaintiffs and defendants 15 to 20 are members of one thavazhi being descendants of a sister called Valli. The 2nd defendant is the main contesting defendant. His defence is that there was already a partition of tarwad properties with the common consent of all the adult members including the plaintiffs on 25.9.1104, that though the plaintiffs recalcitrantly refused to subscribe to the partition deed they concurred in the terms of the partition deed and accepted the properties allotted to them for their share. According to him the suit was instituted merely for the purpose of defeating him. He was supported in this by 3, 4, 5 and 9 to 14 defendants, and though defendan