K. Padmanabhan Nair, J.

1. These two appeals are filed against a common judgment and decrees passed in O.S.Nos.171/1992 and 169/1994 on the file of the Subordinate Judge's Court, Thodupuzha. R.F.A.No.75/2004 arises from the judgment and decree passed in O.S.No.171/1992 and R.F.A.No.491/2006 arises from the judgment and decree passed in O.S.No.169/1994 (Originally filed as O.S.No.126/1992 before the Munsiff Court, Thodupuzha which was subsequently transferred to Sub Court, Thodupuzha and re-numbered as O.S.No.169/1994). R.F.A.No.491/2006 was originally filed as A.S.No.24/2004 before the District Court, Thodupuzha and subsequently the same was withdrawn to this Court and re-numbered as R.F.A.No.491/2006 to be heard along with R.F.A.No.75/2004.

R.F.A.No.75/2004

This appeal is filed by the plaintiff in O.S.No.171/1992. Suit was for declaration of title and possession and for a decree of permanent prohibitory injunction. The following are the material averments in the plaint. Plaintiff and defendants 1 to 5 are the children of late Shri Meeralava Rawther of Vaniyapurayil. 6th defendant is the son of the half-sister of the Meeralava Rawther. Partition was effected in the family o