Harun-Ul-Rashid, J.

1. This Appeal Suit arises from the judgment and decree dated 21.12.1991 in O.S.No.92/1988 on the file of the Sub Court, Thalassery. Defendants Nos.12 and 24 are the appellants herein. The plaintiffs and defendant No.3 have jointly preferred the memorandum of cross-objection challenging the finding of the court below in regard to item No.6 of the plaint schedule property. The parties herein are referred to hereafter as plaintiffs and defendants.

2. O.S.No.92/1988 is a suit for partition praying to pass a preliminary decree for partition of item Nos.1 and 2 in the plaint schedule properties into 25 shares, to allot 18 shares to the plaintiffs and for partition of item Nos.3 to 6 in the plaint schedule properties into 23 shares and to allot 18 such shares to the plaintiffs with the past and future profits and for such other consequential reliefs.

3. The facts necessary for the disposal of the appeal are as follows:-

The plaintiffs and the defendants in the suit are the descendants of the common ancestress Velluva Puthiyaveettil Lakshmi Amma. The A schedule attached to the plaint is the genealogy of the parties. The plaint B schedule are the immovable properties belonging to the plaintiffs and the defendants. The plaintiffs are some of the children and grandchildren of Ammukutty Amma who is the only daughter of Parvathi Amma. Parvathi Amma is the daughter of the common ancestress Lakshmi Amma. Parvathi Amma died in the year 1964. Ammukutty Amma died in the year 1949. The 1st defendant is the only son alive at the time of filing the suit amongst the children of Parvathi Amma and he was the eldest male member among the tavazhi members who became co-owners as a result of Act 30 of 1976. Till 1976 he was the Karanavan of the tavazhi and as the eldest male member, he was managing the properties.

4. Item Nos.1 and 2 were allotted to Lakshmi Amma and her descendants as per Ext.A1 partition karar dated 13.6.1933 entered into in the family by name Velluva Puthiyaveettil. In item No.1 there is a house in which the 1st defendant and his family members are residing. Item Nos.3, 4 and 5 originally belonged to Arathikandoth Kannan Nambiar and as per Ext.A2 registered will executed by him on 31.8.1924, the said properties were bequeathed to Parvathi Amma and all her children to be enjoyed as tavazhi. Kannan Nambiar died in 1929. Item Nos.3, 4 and 5 were enjoyed as tavazhi properties by Parvathi Amma and her descendants. Item No.6 is the last item of property scheduled as B schedule. Item No.6 was purchased by Parvathi Amma and her children as per Ext.A3 assignment deed dated 9.11.1942. According to the plaintiffs the consideration paid for item No.6 was out of the income from item Nos.3 to 5 which the tavazhi got by Ext.A2 registered will dated 31.8.1924 and as such item No.6 also belongs to the tavazhi of Parvathi Amma and her descendants. In short, according to the plaintiffs, item Nos.1 and 2 belonged to the larger tavazhi of Lakshmi Amma and item Nos.3 to 6 belonged to the tavazhi of Parvathi Amma. Besides the aforesaid properties, the tavazhi also owned several other items of tenanted properties. The respective tenants purchased the right, title and interest of the tavazhi by separate proceedings before the Land Tribunal. The plaintiffs claim that defendants 1 and 2 had received Rs.20,000/- as purchase money which belongs to the tavazhi. The said amount of Rs.20,000/- is shown as C schedule and they have further claimed their share of the purchase money as well.

5. It is pleaded in the plaint that the plaintiffs now understand that the 1st defendant in collusion with the 2nd defendant had created some false documents to defeat the rights of the plaintiffs, that such documents are not binding on the plaintiffs and neither the 1st defendant nor the 2nd defendant are entitled to any sort of reservation with respect to any portion of items Nos.1 and 2 of the plaint schedule properties. In paragraph 9(b) inserted by way of