Leach, C.J.

1. The appellant filed a suit in the Court of the Subordinate Judge of Ottapalam for partition and possession of the properties left jointly to her and her brother under the will of their grandfather, Ravunni Panikker, who died on 3rd December 1938. The Subordinate Judge dismissed the suit on the ground that her claim was premature. The appeal is against that decision. Ravunni Panikker had three sons and a daughter. His eldest son is defendant 2, who is the father of the plaintiff and defendant 1. The testator left certain properties to his sons and daughter, and other properties to the son and daughter of defendant 2. The will provided that the properties left to the plaintiff and defendant 1 should remain in the possession and management of their father during their minority and then they were to be handed over to them jointly. After the plaintiff became of age she filed this suit. Her brother was then and still is a minor. Three preliminary issues were framed, two of which were decided in favour of the plaintiff. Issue 3 was whether the suit was premature and that it was premature was streneously argued on behalf of the father. The Subordinate Judge held that