V. Ramkumar, J.

1. Defendants 3, 4, 7 and 9 to 14 in O.S. No. 631 of 1993 on the file of the first Addl. Sub Court, Ernakulam are the appellants in A.S. No. 563 of 1999. Defendants 15 to 17 are the appellants in R.F.A. No. 43 of 2008. The aforementioned suit was one for partition and separate possession of the plaintiffs' 8/16 shares over two items of immovable properties described in the plaint. Plaint A schedule item No. 1 is shown as having an extent of 70 ¼ cents. Plaint A schedule item No. 2 lying comprised in two survey numbers has a total extent of 3.51 acres. Plaint A schedule item No. 1 is in Poonithura Village and item No. 2 is in Thrikkakara North Village of Ernakulam District.

PLAINTIFFS' CASE

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

Plaint schedule properties belonged to the Marumakkathayam tarvad of the plaintiffs 2 to 8 and defendants 1 to 14 known as Andipillil Tarvad. In the year 1950 a partition took place in the said tarvad as evidenced by Ext.A1 partition deed dated 1-11-1950 and plaint A schedule item No. I was allotted to the tavazhi of