J U D G M E N T

Legal heirs of the first defendant in O.S.126 of 1997 on the file of Munsiff Court, Kannur are the appellants. The suit was filed for partition of the plaint schedule property which originally belonged to Kousalya. Kousalya admittedly died on 7.7.1951 without leaving any husband or issues. Kousalya was a member of marumakkathayam tavazhi. Her mother was Thala. The other members of the tavazhy were her children Kousalya, Sukumaran, deceased first defendant and his sister Yesodha. Yesodha had three children, who are respondents 1 and 2, the plaintiffs 1 and 2 and respondent No.13, the second defendant. Children of first respondent are respondents 3 to 9 the plaintiffs 3 to 9. Respondents 8 and 9 were admittedly born subsequent to 1.12.1976, the date of coming into force of Kerala Joint Hindu Family (Abolition) Act. As on 1.12.1976, Kousalya there were 13 members in the tavazhi. Yesodha died on 3.10.1996. Her rights devolved on her children. On the death of Kousalya on 7.7.1951 RSA.4/09-A her right devolved on the tavazhi consisting of Thala and her children and their female descendants. Respondents sought partition of the plaint schedule property contending that the pr