The 1st defendant in O.S. No. 432/80 on the file of the Sub Court, Trivandrum is the appellant in A.S. No. 433/ 83. The 1st plaintiff in O.S. No. 283/81 on the file of the same Court is the appellant in A.S. No. 487/83. Both the suits were filed for partition and were tried together by the lower court and a common judgment was rendered.

2. The material averments in the plaint in O.S. No. 432/80 may be summarised as follows : The plaint schedule property originally belonged to Kali Padmanabhan and Kali Sankaran and it was B schedule item No. 11 in O.S. No. 109/1120 of the District Court, Trivandrum. It consisted, of 8.463 cents of land in Sy. No. 1062 and the building thereon. This property and item No. 2 in O.S. No. 283/81 belonged to two brothers Kali Padmanabhan and Kali Sankaran. Item No. 2 in O.S. 283/81 belonged to Kali Sankaran exclusively. There was a suit O.S. 109/1120 for partition of 2 items jointly belonged to two brothers. A final decree was passed in that suit. Ext. A1 dated 30-8-73 is the copy of the final decree and Ext. B 1 dated 5- 11 -58 is the copy of preliminary judgment.

3. Kali Sankaran was the 1st defendant in that suit and on his death defendants 54