JUDGMENT

Dr. AR. Lakshmanan, J.-These two appeals were filed against the final judgment/order dated 6.3.1997 passed by the High Court of Kerala in C.M.A. Nos. 208/94 and 43/95 restoring the common judgment and decree of the Trial Court having set aside the remand order of the lower Appellate Court. The short facts are.

2. The property in dispute in this appeal belong to one Kunjan who executed a deed of settlement settling his properties including the disputed property on his daughters. One of the daughters Sumathi was minor to whom the C Schedule to the Ext. B1 was allotted. The owner kept the D Schedule items which is the disputed property to himself.

3. The 1st respondent Kumaran is a close relative of Kunjan and was very close to the family and treated as member of Kunjan s family till the dispute arose in 1986. The property settled on Sumathi of which possession continued to be with Kunjan in terms of Ext. B1. In 1976 Kumaran executed Ext. A1 and some properties were transferred to the 1st respondent, Kumaran. The property settled on Sumathi of which possession continued to be with Kunjan in terms of Ext. B1. In 1976 Kumaran executed Ext. A1 and some properties were transferred t