JUDGMENT

P.B.Suresh Kumar, J.

The defeated plaintiffs in a suit for partition are the appellants.

2. The plaintiffs and defendants are the children of one Pachukutty. The plaint B schedule item No.1 is a residential property measuring 64 cents and the plaint B schedule item No.2 is a commercial property measuring 17.5 cents. Both plaint B schedule item Nos.1 and 2 properties belonged to Pachukutty. The plaint B schedule item No.3 is a property over which Pachukutty was holding a tenancy right. Pachukutty died on 18.06.1996. On his death, the plaint B schedule properties devolved on his wife Sarojini and to the parties to the suit who are his children. Sarojini died on

17.11.2005. According to the plaintiffs, who are four among the daughters of Pachukutty, on the death of Sarojini, the plaint B schedule properties devolved absolutely on plaintiffs and defendants. The case set out by the plaintiffs in the plaint is that the second defendant was taking care of the properties on behalf of the plaintiffs and it was found that the second defendant was not managing the properties properly and hence the suit for partition. Prior to the institution of the suit, the plaintiffs issued a lawyer n