The common appellant in these appeals filed under Order XLIII Rule 1(u) C.P.C is the 3rd defendant in O.S.No.393 of 1989 on the file of the Munsiff's Court, Kollam. The said suit as originally filed was one for a declaration that Ext.A1 Will dated 14.2.1985 continues to be in force and that the plaintiff has half right over the plaint B and C schedule properties and for setting aside Ext.A2 Will dated 29.1.1988, Ext.A3 sale deed dated 29.1.1988 and Ext.A4 settlement deed dated 26-09-1988 executed by the plaintiff's mother. The suit was subsequently amended as one for partition and separate possession of the plaintiff's one-fifth share over the plaint A schedule Property.

THE PLAINTIFF'S CASE

2. The case of the plaintiff can be summarised as follows:-

Defendants 1 to 4 are the brothers and sisters of the plaintiff. The plaintiff and defendants 1 to 4 are the children of one Gopalan Vaidyan and his wife Sarasamma. The 5th defendant is the husband of the 4th defendant. The Plaint B and C Schedule buildings are portions of the plaint A Schedule Property. The plaint A Schedule Property was purchased by Gopalan Vaidyan utilising his own funds in the joint names of the said Gop