The defendant in O.S.No.34 of 1981 on the file of the Sub Court, Kasaragod is the appellant. The suit was for recovery of a sum of Rs. 40, 652.42 due to the plaintiffs by way of owelty charged on the plaint schedule property.

2. Vamana Naik, the husband of 1st plaintiff and father of plaintiffs 2 to 5 was one of the parties to a family partition ExtA1 dated 17-3-1961. Defendant was also a party to the partition. The plaint A schedule properties were B schedule properties in the said partition and they were allotted to the share of the defendant. C schedule properties in the partition were allotted to the plaintiffs' predecessor Vamana Naik, who died subsequently. The partition deed contained a stipulation that the defendant would pay two candies of areca by the Vishu of each year as owelty to the share of deceased Vamana Naik and a charge was created therefor on the plaint A schedule properties. Interest at 5 % per annum on the vahieof the defaulted supply of the areca is also provided for, in the partition deed. One Gowri Amma, paternal aunt of deceased Vamana Naik filed O.S.No.8 of 1965 challenging the partition of 1961 and claiming a share for herself. Vamana Naik and