JUDGMENT :- This Second Appeal is directed against the decree and judgment in A. S. 61/1990 of the Subordinate Judge, Sulthan Bathery, which was filed against the judgment and decree in O. S. 65/1988 of the Munsiff's Court, Kalpetta.

2. The appellants are defendants 1 and 3 to 6 and the respondents are the plaintiffs and 2nd defendant.

3. The facts for the purpose of this appeal are as follows : The plaintiffs, who are respondents 1 and 2 herein, filed the above suit for partition. The plaintiffs are the children of deceased Jinachandra Gowder through his first wife and defendants 2 to 6 are the children through his second wife, who is the first defendant. Item No. 1 of the plaint schedule property was allotted to Jinachandra Gowder as per registered partition deed executed on 20-1-1958. Item Nos. 2 and 3 were purchased by Jinachandra Gowder utilising the income derived from item No. 1. Item Nos. 4 and 5 were excluded from the partition deed of the year 1958. Thus, the entire plaint schedule properties jointly belong to the plaintiffs and the defendants after the death of Jinachandra Gowder. The parties are governed by Hindu Mitakshara Law. On the allegation that after the d