V. Ramkumar, J.

1. Defendants 1,4 and 5 in O.S. No.78/1986 on the file of the Additional Sub Court, Alappuzha are the appellants in this Second Appeal. Pending this Second Appeal the 1st defendant who was the 1st appellant died and defendants 4 and 5, who are his children and who are appellants 2 and 3 respectively, were recorded as his legal representatives.

2. The aforementioned suit instituted by the 1st respondent herein was one for a declaration of the plaintiff's title and possession over plaint schedule item No.1, for setting aside the decrees passed in two earlier suits, for setting aside Ext.A-3 settlement deed dated 22-8-1966 executed by the plaintiff's mother, for recovery of two items of properties with mesne profits and for partition and separate possession of the plaintiff's share in respect of two other items of the plaint schedule properties.

PLAINTIFF'S CASE IN THE PLEADINGS

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

The plaintiff and defendants 1 to 3 are the children of late Kunjipillai Amma who died in the year 1973. Bhaskara Panicker, who was one of the