1. The plaintiffs in OS.No.104/1998 on the file of the Munsiff Court, Pala are the appellants herein. The suit is one filed by the plaintiffs for declaration of title of the first plaintiff over the plaint schedule property and possession over the same and prohibitory injunction restraining the defendant from alienating the property or interfering with the peaceful possession and enjoyment of the property by the plaintiffs with following allegations:

The plaint schedule property along with other properties was in the joint possession of the first plaintiff, defendant, their brother Sreedharan Nair and mother Madaviamma. As per Ext.A1 partition deed No.1712/1956 of Sub Registrar's Office Meenachil, they partitioned the property and eastern 19 cents of plaint schedule property was set apart to Sreedharan Nair and western 19 cents to the defendant. In 1960, Sreedharan Nair assigned his right in the property allotted to him as per Ext.A1 partition deed to their father Parameswaran Nair as per Sale Deed No.2374/1960 and he has been in possession of the property even after the said partition deed. On 12.12.1962 Parameswaran Nair executed Ext.A2 settlement deed No.3470/1962 of Su