Defendants 2 and 3 in O.S. No. 87 of 1977 on the file of the Court of Subordinate Judge, Alleppey, are the appellants in A.S. No. 321 of 1982 and the Ist plaintiff in the same suit is the appellant in A.S. No. 357 of 1982. Suit is for partition.

2. Plaintiffs and defendants 1 to 3 are children of Kunju Kunju who died in 1976. Mythili is the wife of Kunju Kunju and she died in 1975. Plaint A schedule property originally belonged to Mythili. Her right devolved on her children and each of them was entitled to 1/5 share. Buildings in A schedule are B schedule items 1 and 2. Item No. 1 is the residential building and item 2 is a workshop. These buildings were constructed by Kunju Kunju. Plaint C schedule building belonged to 4th defendant. Kunju Kunju was a tenant under the former owner of the building and he was conducting business in harmonium for the last forty years. The business accessories are C schedule item No. 2 and kept in the workshop. In 1975 Kunju Kunju executed a registered Will whereby he bequeathed his rights to the Ist defendant. Plaintiffs and defendants

2 and 3 had 1/4th share in the assests left by Kunju Kunju. Negotiations for partition failed and accordi