The appellants herein are respondent Nos.5 and 34 to 36 in A.S. No.111 of 2004 on the files of the Sub Court, Cherthala. The appeal before the first appellate court arose from the judgment and decree in O.S. No.398 of 1989 of the Additional Munsiff Court, Cherthala. The suit was one for the declaration of title and for partition.

2. The brief facts necessary for the disposal of this appeal are as follows:

The plaintiffs 1 and 2 and defendants 4 and 21 are the children of the 3^rd defendant by name, Sarojini Amma. Leskhmi Amma, the mother of Sarojini Amma, is no more. Defendant No.1 (Karunakaran Pillai), defendant No.2 ( Laskhmanan Pillai), and defendant No.3 (Sarojini Amma) are the children of Lekshmi Amma. The 5^th defendant, Sankara Pillai is the brother of Lekshmi Amma. The plaint A schedule property consists of 24 cents in Survey No.38/13, 37/4A, 37/4B and 37/6A of Thykkattussery Village, was allotted to the share of the sakha tarwad of Lekshmi Amma by virtue of the partition deed No.1264/1108 ME. The said property was subsequently partitioned among the sakha members by virtue of a partition deed in the year 1109 ME, and 8‰ cents of property described as ‘A’ schedule was a