The first and second defendants came up with this appeal challenging the decree and judgment in O.S.No.121/2001 of Sub Court, Alappuzha and in A.S.No.21/2005 of District Court, Alappuzha. A cross objection was also filed by defendant Nos. 3 to 5.

2. The suit is one for a declaration of status of plaintiffs, being the legally wedded wife and children of deceased Purushothaman and for a declaration of title over the immovable property scheduled in the plaint, left out by him and for recovery of possession. The suit was decreed by the Trial Court declaring the status of plaintiffs-the legally wedded wife and children of deceased Purushothaman and their title over the plaint schedule property being the legal heirs. In appeal, the decree of the Trial Court was modified, declaring the status of plaintiffs as the legally wedded wife and children of deceased Purushothaman along with first defendant who is found to be an illegitimate son of deceased Purushothaman and granted a preliminary decree of partition of the property scheduled in the plaint.

3. The claim of plaintiffs is that the first plaintiff is the legally wedded wife of deceased Purushothaman and that their marriage was