This appeal raises certain question of law under the Madras Marumakkattayam Act, 1932, on which it was stated at the bar there is no direct authority. The circumstances under which the questions arise are these. Certain members of a Marumakkattayam tarwad constituting a tavazhi filed a suit for partition in O.S. No.992 of 1943 on the file of the District Munsif of Nadapuram.

To this suit two persons, viz., defendants 43 and 45 who claim to be alienees of the shares of some of the tavazhis belonging to the tarwad were made parties. In all. there were 7 alienations. Exhibit D-1 is an assignment deed executed by the 44th defendant to the 43rd defendant. Exhibit D-4 is an assignment executed by defendants 37 to 42 and one Yasoda, also in favour of the 43rd defendant. Exhibit D-2 is a sale deed executed by defendants 13 to 16, 35 and 36 to the 43rd defendant in respect of their shares in the properties of the tarwad. Of these persons defendants 15, 16, 35 and 36 were minors on the date of Exhibit D-2. They were represented in that document by the 13th defendant who purported to act as their guardian. Exhibit D-3 is an assignment in favour of the 45th defendant executed by defen