Judgments of Satyanarayana Row and Panchapagesa Sastri, JJ.:

Satyanarayana Rao, J.-This appeal arises out of a suit for partition by 15 out of 20 members of a Moppla Marumakkattayam tarwad. The first defendant in the suit is the karnavan of the tarwad, and defendants 2 to 5 are the remaining members. The sixth defendant was impleaded in the suit on the allegation that the first defendant had created a sham lease in his name over an item of the family property in anticipation of the suit for partition. The plaintiffs claimed a share in the properties described in Schedules B and C attached to the plaint. A preliminary decree for partition was passed by the learned Subordinate Judge of Tellicherry directing a division of the properties belonging to the tarwad as found by him into 20 equal shares and of delivery of possession of 15 out of such 20 shares to the plaintiffs. He also granted other reliefs which are not material for the purpose of this appeal and which are not now in dispute.

The appeal is by defendants 3 and 4 and is confined to three points raised on their behalf. The first point is whether the tarwad house and the paramba attached to the house should be left undivided for

Click Here to Read the rest of this document