JUDGMENT :

(Sathish Ninan, J.)

The preliminary decree in a suit for partition is under challenge by plaintiffs 1 and 2.

2. The plaint 'A' schedule is the genealogy. Plaint 'B' schedule are the immovable properties sought to be partitioned. It consists of item numbers 1 to 4.

3. According to the plaintiffs, plaint 'B' schedule item Nos.1 to 3 belonged to the thavazhi of Naniamma who was the grand mother of the plaintiffs as per the partition decree in OS 34/1967 of Vadakara Sub Court. The thavazhi consisted of Naniamma, her daughter Savathri Amma who is the first defendant, and her brothers namely defendants 2 to 4 and late Valsalan. The plaintiffs are the children born to the first defendant prior to the year 1976. Defendants 5 and 6 are the wife and daughter of late Valsalan. The claim is that the plaintiffs and defendants 1 to 4 and the late Valsalan are each entitled to one by eight shares out of the properties.

4. Plaint 'B' schedule item No.4 belonged to Naniamma, the mother of the first defendant (plaintiff's grand mother) under Partition Deed No.1826 of 1960. It being Thavazhi property the plaintiffs are entitled to 1/8 shares each in the said item of property also, is the claim