S. Padmanabhan, J.

1. Suit property belonged to deceased Narayani Amma. Her six children are the defendants in OS No. 451 of 1977 and defendants 1 to 5 and plaintiff in OS No. 248 of 1978 on the file of the Munsiff, Quilandy. On 10-1-1972, she executed Ext. B1 will bequeathing the suit property in favour of the fifth defendant. On 24-1-1977, she is alleged to have entered into Ext. A1 agreement with Syamala Devi for the sale of the property. On 14-7-1977, Narayani Amma gifted the property to the fifth defendant under Ext. B8. OS No. 451 of 1977 was filed by Syamala Devi against the six children of Narayani Amma for specific performance of Ext. A1 agreement. All the defendants opposed the claim. Defendants 1, 3 and 5 based their claim on Exts. B1 and B8 also. OS No. 248 of 1978 was filed by Sumathi Amma (sixth defendant in OS No. 451 of 1977) against defendants 1 to 5 in OS No. 451 of 1977 as defendants 1 to 5 and plaintiff in. OS No. 451 of 1977 as sixth defendant for partition and recovery of her share avoiding Exts. A1, B1 and B8. Genuineness and enforceability of these documents were among the moot points in both the cases, which are interparties.

2. Both the suits were jo