J U D G M E N T

The preliminary decree in a suit for partition is under challenge by defendant Nos.3 and 4.

2. The plaint schedule consists of 20 items of properties. The properties originally belonged to one Nanu under Ext.A1 Partition Deed dated 02.01.1976. Nanu, in his first wife Lakshmi, had five children. One among them viz. Sukumaran is no more. Plaintiffs 1 and 2, and defendants 1 and 5 are the other children. Plaintiffs 3 to 5 are the wife and children of Sukumaran. The second wife of Nanu is one Chella. Defendants 2, 3 and 4 were born to Nanu in Chella. The plaintiffs claim partition.

3. The suit was contested by defendants 3 and 4. According to them, Nanu had executed three Gift Deeds; Ext.B1 Gift Deed in favour of the third defendant, Ext.B2 Gift Deed in favour of the 4th defendant, and Ext.B3 Gift Deed in favour of his wife Chella. Exts. B1 to B3 Gift Deeds were executed on 22.02.1990, gifting thereunder various items of properties from out of those scheduled in the plaint. It is only the remaining properties that are liable to be partitioned, is the contention.

4. The plaintiffs filed a rejoinder disputing the genuineness of the Gift Deeds.

5. The trial court held against t