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was originally filed as A.S.No.24/2004 before the District Court, Thodupuzha and subsequently the same was withdrawn to this Court and re-numbered as R.F.A.No.491/2006 to be heard along with R.F.A.No.75/2004.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 of Meeralava Rawther in the year 1953. Plaint A schedule properties having an extent of 3 acres and 21 cents were allotted to Meeralava Rawther. Those properties were comprised in Sy.Nos.133/1A and 133/1B of Thodupuzha Village. From that property one acre and 26 cents was given to the mother of the 6th defendant; 25 cents of property was sold by Meeralava Rawther in the year 1981 and the balance orally gifted to the plaintiff by his father during January, 1982. The plaintiff was in absolute possession and enjoyment of A and B schedule properties from the date of oral gift. 1st defendant was the eldest son of Meeralava Rawther. He married in the year 1960. Meeralava Rawther gave 25 cents of property to 1st defendant Mohammed Rawther as per document No.1163/1965. That was in addition to one acre of property given to him by the father at the time of marriage. One acre and 25 cents of property was given to the 1st defendant as the share in the family properties due to him. After receipt of the same 1st defendant executed document No.1163/1965 relinquishing his rights over the remaining properties of Meeralava Rawther. The properties conveyed to him under document No.1163/1965 was accepted subject to such a condition. He sold away the property given to him by his father and was residing elsewhere. 2nd defendant is the second son of Meeralava Rawther. He married 26 years prior to the date of filing of the suit. In the year 1971 Meeralava Rawther gave enough money to 2nd defendant and taking that amount as his share in the family properties 2nd defendant had shifted his residence to Neyyasseri. He had executed document No.866/1971 in favour of Meeralava Rawther relinquishing his rights over the remaining properties. 3rd defendant is the second daughter of Meeralava Rawther. She is married and settled at Vannappuram. In the year 1971 she was also given funds which was sufficient to cover the legitimate share due to her from the family properties. After receiving the same she executed a document No.1097/1971 in favour of her father relinquishing her rights over the remaining properties. 4th defendant is the youngest daughter of Meeralava Rawther. She is also married and settled elsewhere. She was also given necessary funds which will be normally due to her as her share in the properties of Meeralava Rawther and on receipt of the amount she released her rights over the remaining properties under release deed No.648/1981. For settling the share of the 4th defendant Meeralava Rawther sold 25 cents of property to one Raman of Vaniyapurayil. 5th defendant is the eldest among the daughters of Meeralava Rawther. She was given away in marriage 42 years prior to the filing of the suit. She was also given enough funds which was be equivalent to her share in properties o