JUDGMENT

Sathish Ninan, J.

The preliminary decree in a suit for partition is under challenge by the defendants in the suit.

2. The plaintiff and the defendants are the children of late Joseph Leon Figueredo. The property sought to be partitioned belonged to Nazere Figueredo, the father of Joseph Leon Figueredo. Nazere Figueredo had a daughter by name Emily Aruja who passed away in the year 1973. Her son filed a suit as O.S. 52/1982 against Joseph Leon Figueredo for partition and separate possession of the one-half share over the properties of Nazere Figueredo. In the said suit the present plaintiff and the defendants were also impleaded as defendants. Joseph Leon Figueredo died pending the suit. Recording the present plaintiff and defendants as legal representatives, the suit was decreed. Under the said decree, the plaint schedule properties in the present suit were allotted jointly to the plaintiff and defendants herein, towards the share of Joseph Leon Figueredo. The present suit is filed for partition of that property.

3. While the defendants did not dispute the derivation of title, they challenged the claim for partition except item 4 on the ground that their father Joseph Leon Fi