JUDGMENT

These appeals are at the instance of the addl. defendant Nos. 7 and 8 in O.S. No. 501 of 2004 before the Munsiff Court, Thiruvalla, a suit for declaration and partition of the plaint schedule properties.

2. The facts are not under serious dispute. The plaintiffs and defendants claim under one Eappen Mathulla and Thankamma Eappen who died on 17.01.1976 and 26.04.2004 respectively. The parents of Thankamma Eappen, i.e. Aleyamma Kurian and Kurian have two children namely Thankamma Eappen and K. K. Varghese. K. K. Varghese died on 14.08.1997. The plaintiffs and defendants have another brother named K. E. Kurian and his whereabouts are not known. Item Nos. 1 to 5 of the plaint schedule originally belonged to Aleyamma who died on 20.09.1987 and the properties devolved upon Thankamma Eappen and K. K. Varghese and after their death, the properties were devolved upon the plaintiffs and the defendants jointly. Item Nos. 6 to 9 properties belonged to the father of the plaintiffs and defendants and Eappen Mathulla and by death of Eappen Mathulla and Thankamma Eappen, their properties were also inherited by the plaintiffs and defendants. K. K. Varghese was a mentally unsounded person. Pl