41, Rule 1 CPC. Pending this appeal, the 2nd appellant (Visalakshi Amma) died and her legal representatives already on the party array were recorded as such. The 3rd appellant (Kunhilakshmi Amma) also died and her legal representatives were impleaded as additional appellants 4 to 7.

2. The aforementioned suit was one for partition and separate possession of the plaintiffs' 5/40 shares over 10 items of immovable properties described in the plaint B schedule.

The Plaintiffs' Case

3. The case of the plaintiffs can be summarised as follows:

The plaintiffs and defendants are Marumakkathayees belonging to the Hindu Nair community following the Hindu Succession Act, 1956. The plaint B schedule properties were acquired by plaintiffs' paternal grandmother Kunhi Amma as per registered documents of the years 1908, 1922 and 1936 respectively. Those properties were purchased by Kunhi Amma the common ancestress, with her own funds and were the self acquired properties of Kunhi Amma. She died in the year 1940. Plaint A schedule is the genealogy showing the relationship between the parti