RAMAKRISHNAN, J. :- This appeal is filed by the Plaintiffs 1 and 3 to 5 in O. S. No. 17 of 1956 on the file of the District Court of East Thanjavur at Nagapattinam. There is a long anterior history of litigation between the principal contestants. Since the scope of the appeal is limited to a few points in controversy, we will refer to the prior history of the litigation, only to the extent it is necessary for the disposal of the appeal.

2. The suit properties belonged to one Jainambu Nachial whose only daughter was Sabia Ammal. Both these ladies died of a sudden attack of Cholera on 3-6-1926. It is now beyond dispute that the mother died first and the daughter died afterwards. Jainambu Nachial, before her death, on 19-2-1926, executed a settlement deed in favour of her daughter Sabia giving her the properties mentioned in Schedules A to A-3 and B to B-2 of the Plaint. On Sabia's death, the properties settled on her devolved upon her husband Mohamed Ismail Rowther, the first defendant in the suit, as well as her paternal uncle Mohamed Ali, each taking a half share. On the death of Jainambu a half share in the plaint C and D schedules was taken by her brother Sheik Mohamed Ro