JUDGMENT

(RSA Nos.960/2015 and 868/2017)

1. The above Regular Second Appeals arise from OS No.541/1987 of the Principal Munsiff’s Court Thiruvananthapuram. OS 541/1987 was a suit for partition. RSA No. 868/2017 arises from the Preliminary Decree dt 30.08.1994 in the suit. RSA No. 960/2015 arises from the Final Decree dt. 06.12.2008 in I.A No. 5512/2005 in the suit. Both the Appeals are filed by the legal heirs of the Original 3^rd defendant.

2. The parties are referred according to their status before the Trial Court.

3. The plaintiffs 1 & 2 filed the suit against the defendants 1 to 5 with the averments to the effect that the plaintiffs & the 2^nd defendant are the sons of the 1^st defendant, the 5^th defendant is the daughter of the 2^nd defendant, the 4^th defendant is the Second wife of the 1^st defendant. The plaintiffs and defendants 1,2, 4 and 5 are Hindu Nadars governed by the Hindu Mitakshara law of succession. The Plaint A Schedule Property having an extent of 44 cents is a portion of a larger extent having an area of 3.2 Acres, which originally belonged to Kutty Nadar, grandfather of the 1^st defendant. The said Kutty Nadar had two sons, namely, Madan Nadar and Velayudhan Nadar. The