The defendants 4 to 6, 8, 9, 12 to 19, 22 to 29, 31 and the legal representatives of the deceased defendant 32 are the appellants in this appeal which is directed against a decree of partition passed by the Subordinate Judges Court, Vadakara in a suit which was filed by the first respondent. Respondents 3 to 8 are respectively defendants 1 to 3, 7, 10, 11 and 20. On the basis of the rival pleadings, the learned Subordinate Judge formulated the following issues for trial;

1. Whether the plaintiff has got any right over the plaint schedule property and the house therein on the basis of the lease deed mentioned in the plaint ?

2. Whether the oral lease mentioned in the said lease deed is true?

3. Whether the executant of the lease deed had any right or possession to grant the lease ?

4. Whether the deceased Kadeesa was over in possession on the basis of the lease deed?

5. Whether defendants 4 to 15 are in occupation of the house as mentioned in the plaint ?

6. Whether the plaintiff is entitled to recovery of possession or partition as prayed in the suit ?

7. Whether the shares claimed in the plaint are correct ?

8. Whether the right of plaintiff and D1 to 3 if any is lost by