1. The petitioners are the legal representatives of the deceased first defendant.

2. The first respondent/plaintiff, while he was alive, filed the suit in O.S.No.9 of 1973 on the file of the Court of District Munsif, Kuzhithurai, Kanyakumari District, against the defendants, praying for a preliminary decree for partition by metes and bounds and separate possession of 1/6 share with proportionate road frontage, redemption and recovery of possession and of 1/6 share of the mortgaged property and also interest at the rate of 12% p.a. on the mortgage amount from the date of deposit till recovery of possession of the suit property, in lieu of mesne profits and also for costs.

3. The suit, after contest, came to be dismissed on 20.01.1978 and aggrieved by the same, the plaintiff filed the appeal in A.S.No.162 of 1978 on the file of the Sub Court, Kuzhithurai and it was allowed and the matter was remanded to the trial Court.

4. After remand, the additional documents came to be filed and so also, the additional pleadings.

5. The trial Court, after formulating the additional issues, has granted the preliminary decree on 01.10.1983, declaring that the plaintiff is entitled to 1/6