M.M. Pareed Pillay, J.

1. Appellants are defendants 1 and 2. First appellant died and additional appellants 3 to 10 were impleaded, Plaintiff filed the suit for partition and a preliminary decree was passed by the Trial Court and it C has been confirmed by the lower appellate Court.

2. Plaintiff and defendants 1 and 2 are brothers. Third defendant is the son of the first defendant. Plaintiff and defendants 1 and 2 are the sons of Cheeru and Ittianandan. It is the case of the plaintiff that the plaint schedule property was obtained by Cheeru as per Ext. A6 assignment dated 21/10/1096 M. E. from her husband Ittianandan, that Cheeru executed Ext A2 settlement deed on 01/05/1951 in favour of the plaintiff and defendants 1 and 2 reserving life interest to her, that Cheeru died on 13/04/1977 and that plaintiff and defendants 1 and 2 are entitled to the D property. Plaintiff claims 1/3rd share. Out of 37 cents of property, an area having 8. 50 cents was acquired by the State. Item 1 in the plaint schedule is 28.50 cents of property whereas Item 2 is the land acquisition amount awarded. Second defendant has supported the case of the plaintiff and he also claimed partition. Defendants