JUDGMENT :

T.R. RAVI, J.

1. The 1st petitioner is a Private Limited Company represented by its Managing Director Sri Joseph Mathew and petitioners 2 to 5 are the brothers of Sri Joseph Mathew. Sri Mathew and Sri Kurian are their father and paternal grandfather, respectively. Late Sri Kurian had executed a settlement deed registered as document No. 1439/1955 of the SRO, Meenachil, a copy of which is produced as Ext.P3. As per Ext.P3, properties shown as Schedules B, C and D have been settled in favour of the 3 sons of Kurian, and Schedule A was retained by the said Kurian. Later, Kurian executed a Will which is registered as document No. 64/1977 with SRO, Meenachil, a copy of which is produced as Ext.P4, whereby the properties shown under Schedule B were allotted to Sri Mathew. By virtue of Exts.P3 and P4 Sri Mathew became the owner of 140.25 cents of land. Petitioners have produced as Ext.P1 series, the tax receipts issued regarding the properties. The properties are situated in an area called Kottaramattom coming under the Pala Municipality which is stated to be a commercially important place. To put the property for better commercial use, the petitioners decided to construct a comm