JUDGMENT

This appeal is at the instance of the 2nd plaintiff in O.S.No.56 of

2006 before the Court of Munsiff-Magistrate, Perinthalmanna. The suit is one for partition of the property scheduled to the plaint. 1st defendant is the brother of the plaintiffs. Defendants 2 and 3 are purchasers of the property from the 1st plaintiff and 1st defendant.

2. Shorn off unnecessary details, the relevant pleadings are as follows: Properties originally belonged to the father of plaintiffs and 1st defendant, viz., Kunhiraman. Kunhiraman had two wives. After the death of Kunhiraman, plaintiffs and 1st defendant partitioned the properties as per Ext.B1 partition deed of the year 1982. In fact, deceased Kunhiraman had another daughter through his first wife by name Kuttiy Ammu @ Notti. Since she was not made a party to Ext.B1 partition deed, she filed O.S.No.2 of 1983 seeking partition of the assets left behind by deceased Kunhiraman. That suit was decreed in her favour finding that she was entitled to get 1/4th right over the properties. Since the plaintiffs and 1st defendant, who were defendants in that suit, did not pay court fee for separate allotment, their shares were kept in common finding th