S. Sankarasubban, J.

1. The above appeal is filed by defendants 2 to 4 in O.S. 29/1992 on the file of the Sub Court, Vadakara against the judgment and decree in the said case. The suit was filed by respondents 1 and 2 as plaintiffs for partition of their 2/5th share in plaint items 1 and 2. The case of the plaintiffs was that the plaint schedule properties were allotted as per Ext.A1 settlement deed dated 4.9.1975 to the plaintiffs, the first defendant and two of their brothers Gangadhara Kurup and Balakrishna Kurup. Plaint schedule item No. 1 has got an extent of 60 cents, while item No. 2 is 39 cents. According to the plaintiffs, both Gangadhara Kurup and Balakrishna Kurup have assigned their 2/5th share in item No. 1 to the second defendant. Thus, plaintiffs and defendants 1 and 2 are the joint owners of plaint item No. 1. The second defendant is in possession of the property on behalf of the plaintiffs as well. So far as item No.2 is concerned, both Gangadhara Kurup and Balakrishna Kurup have assigned their right in favour of defendants 3 and 4. Hence, with regard to that item, plaintiffs and defendants 1, 3 and 4 are joint owners. Defendants 3 and 4 are in possession of