Sathish Ninan, J.

The preliminary decree in a suit for partition is under challenge by defendants 1 to 3.

2. Plaint schedule consists of two items of properties. Item No.1 has an extent of 4 cents and item No.2 which is a “nilam” has an extent of 3 acres and 20 cents.

3. Larger extent of properties including the plaint schedule originally belonged to one Raman Ezhuthassan under Exts.B1 Sale Deed and B2 Lease deed. He had two sons namely, Parameswaran Ezhuthassan and Kunju Ezhuthassan. The first defendant is the wife of Kunju Ezhuthassan. The plaintiff and the other defendants are his children (4 children). Kunju Ezhuthassan died in the year 1990. On 13.04.1992, the legal heirs of Kunju Ezhuthassan (the plaintiff and the defendants) along with Parameswaran Ezhuthassan entered into Ext.A1 Partition Deed. In Ext.A1 partition deed, the 'A' schedule therein was allotted to Parameswaran Ezhuthassan and the 'B' schedule was allotted to the plaintiff and the defendants herein. The plaint schedule property is part of the said 'B' schedule.