JUDGMENT

This Regular Second Appeal has been directed against the judgment and decree in A.S.No.77/2012 on the files of the Subordinate Judge's Court, Pala which in turn arise out of the judgment and decree in O.S.No.97/2010 on the files of Munsiff's Court, Pala.

2. Appellant is the fifth plaintiff. Suit is one for partition.

(Parties would hereinafter be referred as per their status before the trial court). The plaintiffs and the defendant are siblings. Their late father Govindan had 22 Ares of property in resurvey No.233/4 of Elackadu village and 12.83 Ares of property in resurvey No.216/23 of the same village. Father died intestate in 2000. Plaintiffs and the defendant are the legal heirs of the deceased Govindan. The properties are described as plaint schedule item Nos.1 and 2 properties which was obtained by partition deed No.182/85 of Kidangoor SRO as B schedule to the late father. The plaintiffs 4 and 5 are residing in the house situated in the plaint schedule item No.1 property. Though plaintiffs demanded partition, defendant was not willing, thereafter lawyer notice was issued, but with no result. Hence, the suit.

3. Defendant filed written statement contending that the plain