These second appeals arise from a common judgement of the Subor­dinate Judge's Court, Ernakulam in A.S. Nos. 43 and 46 of 1986. Both these appeals were filed by one Balakrishna Menon. He died sometime later and hence his daughter Indira V. Menon and son-in-law K. P. V. Menon were impleaded as legal heirs in view of the recital contained in the assignment deed executed by him in favour of them. Deceased Balakrishna Menon was the second defen­dant in O.S. No. 809 of 1981 filed by his sister Padmavathy Amma. The rights of the first defendant Kochammini Amma were later assigned to Balakrishna Menon. Thus the main contest in these appeals is between Padmavathy Amma and legal heirs of Bala­krishna Menon.

2. The common facts involved in these appeals are narrated hereunder :

Balakrishna Menon long with his three sisters, Janaki Amma, Ammalu Amma and Kochammini Amma jointly purchased an item of property as per the deed No. 432/1125. That property was later divided among the sharers as per the partition deed No. 420/1966. Balakrishna Menon and his sister Kochammini Amma obtained their share of 351/2 cents jointly. In the year 1968 Kocha­mmini Amma executed a conditional sale dee