Alfred Henry Lionel Leach, C.J.

1. This appeal arises out of a suit for partition instituted in the Court of the Subordinate Judge of South Malabar. It has been filed by the first and the second defendants. The point raised by them is a very simple one. The plaintiff has filed a memorandum of cross-objections which challenges the correctness of the interpretation of an agreement entered into between the members of the joint family on the 30th September, 1925. The question here is not quite so simple.

2. The joint family was composed of three brothers, Kasturi Pillai, Sevanthan Pillai and Appavu Pillai. Kasturi died on the 6th October, 1925, and Sevanthan on the 19th May, 1930. The plaintiff is the son of Kasturi. There were five defendants : Appavu, his three sons and the widow of Sevanthan. The plaintiff averred that he was entitled to a half share of the family estate as the family had throughout remained joint and there were only two surviving coparceners namely himself and his uncle Appavu. The defendants averred that the agreement of the 30th September, 1925, effected a division of status and a partition of the family estate. On this basis the plaintiff could only have a