JUDGMENT :- S.A. No. 765 of 1980 : This appeal is by the plaintiffs. The suit was one for partition. Plaintiffs claim 3/12 share. The contesting defendants resist the claim. They say that the plaintiffs are not entitled to any share. This defence is based on a will Ext.B13. The trial court upheld the contention of the defendants. It dismissed the suit as against the plaintiffs; nevertheless it passed a preliminary decree decreeing shares to second defendant and defendants 3 to 5. The defeated plaintiffs filed an appeal. The appellate court dismised the appeal and confirmed the judgment and decree of the trial court. Now the plaintiffs appeal. S.A. No. 638 of 1980 :

2. This appeal is by defendants 1 and 3 to 5. In this appeal, the appellant maintains that the second defendant is not entitled to the share now given, namely 3/9 share in the property. This contention of defendants 1 and 3 to 5 was not accepted by the trial court. The appellate court also agreed with the findings of the trial court on this aspect. Hence defendants 1 and 3 to 5 appeal.

3. Facts are these :- The properties in dispute originally belonged to a tevazhi of the Lakshmikutty Amma. She died in 1964 leaving three

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