This appeal is filed by the 1st defendant in O.S.No.136 of 1988 on the file of the Sub Court, Ottappalam. The suit was for partition. The case of the plaintiffs is that item Nos.1 and 2 of plaint A-schedule belonged to deceased Marakkar. Plaintiffs and defendants 1 to 4 are his children. The 5th defendant is the wife of Veeran, deceased son of Marakkar and defendants 6 to 10 are her children. According to the plaintiffs, items 1 and 2 of the plaint schedule were purchased by Marakkar and items 3 and 4 were purchased by the 1st defendant with the funds obtained by cutting and selling the trees in plaint A-schedule item No.1, for and on behalf of the plaintiffs and defendants. Therefore, plaint A-schedule items 3 and 4 are also liable to be partitioned among the legal heirs of Marakkar. Plaint B-schedule is said to be the sale proceeds to trees cut and sold by defendants 1 to 3 from plaint schedule items 1 and 2. Plaintiffs claimed 2/11 shares in A and B-schedule properties. Plaintiffs also claimed future mesne profits at the rate of Rs.800/- per annum from defendants 1 to 3.

2. The first defendant filed written statement contending that the legal heirs of Marakkar had div