Balasubramanyan, J.

These appeals at the instance of the contesting defendants in O.S. Nos. 14 of 1986 and 15 of 1986 have been referred to the Division Bench in view of the importance of the question arising for decision. The appeal from O.S.15 of 1986 was initially filed as A.S.253 of 1987 before the District Court of Calicut but was subsequently withdrawn to this Court by order dt. 9.10.1992 for being heard with A.S.323 of 1987. The appeal withdrawn from the District Court was subsequently numbered as A.S.657 of 1992.

2. In a partition dt. 4.10.1962 between one Kumaran and his brother Kunhikannan, the properties involved in these suits were set apart to the share of Kunhikannan. Kunhikannan, a Hindu, died in the year 1967. On 4.5.1978 defendant No. 7 in the suit, the widow of Kunhikannan, the mother of the plaintiffs and defendants 8. to 10 sold for herself and as guardian of the minors the plaint B schedule property in O.S. No. 14 of 1986 to defendants 1 to5inthesuitandoneAndy,fatherofdefendantNo.6. The extent of the property sold was 6 acres 77 cents and the price for which it was sold was Rs. 10,500/-. A daughter and son of Kunhikannan filed the suit O.S.14 of 1986