1. S. A. 595 of 1961 arising from O. S.304 of 1953 is by the first defendant therein who is the assignee¬decree-holder in O. S.187 of 1121 and S. A. 871 of 1961 arising from O. S.406 of 1953 is by defendants 2 and 3 therein, and they raise the question, whether two properties which originally belonged to one Ramacha Kurien are attachable in execution of the decree in O. S.187 of 1121.

2. The bare facts may be stated, first with reference to O. S.304 of 1953. The decree in O. S.187 of 1121 was obtained by the second defendant against Thomas, a son of Kurien, and the properties were attached as belonging to Thomas. Kurian had three more sons, Varghese, Mathen and Chacko. In the year 1086, he made a partition of his properties among his sons by Ext. III, by which the suit property was allotted to Varghese. The plaintiffs are the widow and children of Varghese. There is a provision in Ext. III, that Varghese should pay a sum of Rs. 148/-to Chako within one year and that on default, the latter was to take possession of the suit property and enjoy the same. According to the plaintiffs, Varghese made payment and had been in possession of the property and after him the plaintiff