Madhavan Nair, J.

1. The plaintiffs are the appellants. The parties to this second appeal are Mahomedans. The suit out of which this second appeal arises was instituted by the plaintiffs to set aside an alienation of property made by their mother, defendant 1, during their minority. They also sued for partition of the property, 7/8ths going to themselves and l/8th to their mother. The alienation is evidenced by Ex. 6 and the consideration, for it was Rs. 1430. The alienee, defendant 2, contended that she paid the full consideration for Ex. 5, that the money was utilized to pay off the plaintiffs deceased fathers debts binding on the estate and that she also effected improvements on the property from the date of her purchase. The lower Courts held that the alienation was invalid as it was made by the mother of Mahomedan minors" and gave a decree to the plaintiffs for 7/8th share of the properties but the recovery of the share was made conditional on the plaintiffs depositing in Court 7/8th of Rs. 1,430 that is Rs. 1,251-4-0. The plaintiffs were also directed to pay Rs. 750, the value of the improvements effected on the property.

2. In second appeal it is not argued that the a