1 This appeal is against an order of remand passed by the Subordinate Judge, Kozhikode. The plaintiff's case is that the suit property belongs to the 3rd defendant, who mortgaged it as per Ext. A2 dated March 8, 1937, to Muhammad, who assigned his interests to Abdul Kader, whose widow, Ayissabeevi Umma, acting for herself and for her two minor children (who are defendants 1 and 2 here), released the property on January 11, 1950, to the 3rd defendant as per Ext. B1, which she was not competent to do as regards the interests of the 2nd defendant and the plaintiff, as assignee of the 2nd defendant under Ext. Al dated July 29, 1958, is entitled to recover 7/24 share of the property from the defendants. The 4th defendant contended that the suit property belongs to her tarwad and had been in possession of Achuthan Nair for his maintenance when he mortgaged it with possession as per Ext. B10 on March 24, 1911, to Moidunni, whose interests she got assigned on May 31, 1913, as per Ext. B11 and that she has since then been in possession and enjoyment of the property effecting improvements thereon. The Munsiff held Ext. B1 incompetent to affect the 2nd defendant's property but found the 2nd d