JUDGMENT

This regular second appeal has been directed against the judgment and decree in A.S.No.349/2009 on the file of III Additional District Court, Kollam, which in turn, arise out of the judgment and decree in O.S.No.50/1997 on the file of Additional Subordinate Judge's Court, Kollam.

2. Plaintiffs are the appellants. Suit was one for partition.

(The parties would be referred as per their status before the trial court).

3. First defendant is the brother of plaintiffs 1 and 2. Plaintiffs 3 to 5 are the children of the deceased sister of plaintiffs by name Ponnamma. Parties belong to Hindu Vannan community. They are following Hindu Makkathayam Law by which parents and sons and daughters are having equal right. The plaint schedule property having an extent of 49.5 cents originally belong to Chathavu, the grandfather of plaintiffs, deceased Ponnamma and also the first defendant. Chathavu obtained the property as per sale deed No.938/1102 of S.R.O, Chathannur. Father of plaintiffs, deceased Ponnamma and the first defendant is Chathan Nanan who married Myly first. Since no issues were born out of that wedlock, he married Bhagawati, sister of Myly. Appellants, the first defendant as well