Appellant in S.A.833 of 1988 is the plaintiff in O.S.663 of 1979 of the Munsiff's Court, Kozhikode-II. Defendants 1 and 3 in O.S.543 of 1979 are the appellants in S.A.883 of 1988. Plaintiff in O.S.663 of 1979 and first defendant in O.S.543 of 1979 are sisters. Defendants 2 and 3 in O.S.543 of 1979 are the first defendant's daughter and husband. O.S.543 of 1979 is a suit for injunction filed by the sister of the plaintiff in O.S.663 of 1979. O.S.663 of 1979 was filed to set aside a compromise decree in A.S.340 of 1976 of the Additional District Court, Kozhikode which was an appeal filed against the judgment and decree in O.S.434of 1974 of the Munsiff's Court, Kozhikode-II. Both O.S.543 of 1979 and O.S.663 of 1979 were tried together, the leading case being O.S.663 of 1979. O.S.543 of 1979 was decreed in favour of the plaintiff in that suit, whereas O.S.663 of 1979 was dismissed.

2. The position of the parties as it stood in O.S.663 of 1979 is followed in the discussion hereunder.

Plaintiff in O.S.663 of 1979 contended that the plaint schedule properties originally belonged to Sankaran who died in 1963, that there was oral partition of the properties left behind by Sankaran