JUDGMENT :

The judgment and decree dated 30.03.2009 in O.S. No.316 of 2006 of Additional Subordinate Judge's Court, Palakkad (for short, 'the trial court') is under challenge in the appeal on hand. The appellant is the defendant in the suit and respondents are plaintiffs therein. The suit was for partition.

2. The suit was tried by the trial court and a preliminary decree for partition was passed on the following terms :

“(a) The plaint schedule properties, excluding the 40 cents of land shown in the schedule to the written statement, shall be divided into three equal shares and two such shares be allotted to the plaintiffs together (one such share each) and one such share to the defendant.

(b) The plaintiffs are entitled to get 2/3 share in the profits derived from the partible properties from the defendant from the date of suit till the date of actual delivery of the properties to the plaintiffs. The quantum of share of profits shall be decided in final decree proceedings.

(c) The plaintiffs are entitled to get costs of the suit and costs shall come out of the estate.

(d) The parti