JUDGMENT

1. The plaintiff in O.S.No.356/2009 is the appellant. The plaintiff filed the suit for partition of plaint A Schedule Property into five equal shares and for allotment of 1/5 share to the plaintiff. According to the plaintiff, the plaint A schedule property belonged to his father Ramdas and on the death of Ramdas in the year 1990, the plaint schedule property devolved upon the first defendant wife and the plaintiff & defendants 2 to 4 who are his children. The plaint schedule property is 3.02 Acres of land comprised in Re.Sy. No.258/3 of Paddy Village in Kasaragod Taluk.

2. In the Written Statement filed by the 1^st defendant, the 1^st defendant contended that she sold the Plaint A schedule property. Thereupon the plaintiff impleaded the defendants 5 to 9 in the suit. The 5^th defendant is the buyer of the Plaint A Schedule Property in Ext.B7 Sale Deed dated 19/07/1993 executed by the 1^st defendant for herself, for the plaintiff and the defendants 2 & 3 as their Power of Attorney holder and for the 4^th defendant as her guardian on account of her minority. The defendants 6 to 9 are the assignees from the 5^th defendant as per Exts.B1,B2,B3 & B6. The plaintiff amended the pl