1. The common appellant in these appeals filed under O.XLIII R.1(u) C PC is the 3rd defendant in OS No. 393 of 1989 on the file of the Munsiff's ourt, Kollam. The said suit as originally filed was one for a declaration that Ext. A1 Will dated 14/02/1985 continues to be in force and that the plaintiff has half right over the plaint B and schedule properties and for setting aside Ext. A2 Will dated 29/01/1988, Ext. A3 sale deed dated 29/01/1988 and Ext. A4 settlement deed dated 26/09/1988 executed by the plaintiff's mother. The suit was subsequently amended as one for partition and separate possession of the plaintiffs one fifth share over the plaint A schedule Property.

2. THE PLAINTIFF'S C ASE
The case of the plaintiff can be summarised as follows:
Defendants 1 to 4 are the brothers and sisters of the plaintiff. The plaintiff and defendants 1 to 4 are the children of one Gopalan Vaidyan and his wife Sarasamma. The 5th defendant is the husband of the 4th defendant. The Plaint B and Schedule buildings are portions of the plaint A Schedule Property. The plaint A Schedule Property was purchased by Gopalan Vaidyan utilising his own funds in the joint names of the said Gopalan V