1. The plaintiffs in O.S.No. 37 of 1973 on the file of the Subordinate Judge's Court. Tellicherry are the appellants in this appeal. They instituted the suit for partition and recovery of possession of 10/14 shares in the plaint B schedule properties on the basis that they belonged to an undivided tavazhy consisting of the plaintiffs and the defendants. The defendants contended that items Nos. I and 2 of the plaint B schedule alone belonged to the tavazhy and are available for partition and that the remaining items included in the plaint B schedule are the separate acquisitions and that the tavazhy has no right, title or interest in the rest of the properties included in the plaint B schedule. It was also contended by the defendants that the plaintiffs are barred by res judicata from putting forward the plea that plaint items Nos. 3 to 15 are tavazhy properties by reason of the decision rendered by the Munsiff's Court,

Koothuparamba in O.S. No 149 of 1961 as per the judgment and decree evidenced by Exts B3 and B2, that only plaint B schedule items Nos.1 and 2 belonged to the tavazhy and that the remaining items included in the plaint schedule are not tavazhy properties.

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