JUDGMENT. — The plaintiff in O.S.No. 58 of 1972 on the file of the Subordinate Judge, Kumbakonam, is the appellant. The plaintiff is the mother and the defendant is the widow of one Chinnaswamy Odayar who died intestate on 1st April, 1972, leaving behind, him properties described in Schedules A to D to the plaint. The plaintiff and the defendant would be the heirs of Chinnaswami Odayar under the provisions of the Hindu Succeession Act, 1956, the plaintiff and the defendant having each a half-share in the properties. The plaintiff therefore claimed partition and separate possession of her half-share in all the properties described in the Schedules. In the written statement filed by the defendant it was stated that that there was a mediation on 10th April, 1972, as a result of which the ‘A’ Schedule lands were allotted in favour of the plaintiff and the ‘B’ Schedule and other movables were allotted to the defendant. The decision of the mediators was said to have been engrossed on a paper and the plaintiff and the defendant were said to have agreed and accepted the award. In these circumstances, it was submitted that there was no scope for any partition.

2. The trial Court framed the r

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