JUDGMENT

This is an appeal preferred against the judgment and decree of the Subordinate Judge's Court, Ottapalam in O.S.No.434 of 1995. The suit is one for partition. It is the case of the plaintiffs that the property described in the plaint schedule belonged to one Parackal Valli by virtue of a document dated 12.12.1931 (Ext.A1). She had three children, namely, Narayanan, Ayyappan and Raman. Narayanan is the first plaintiff. Ayyappan died and his legal representatives are Plaintiffs 2 to 7. Raman died and his legal representatives are the defendants in the suit including the supplemental defendants. The plaintiffs want partition of their 2/3 share over the property.

2. The defendants would contend that the property never belonged to Parackal Valli, whereas it was obtained by Raman from Koyamangalathu House through an oral lease in 1959 and thereafter he had improved the house. So the plaint schedule property is not available for partition. It is also contended that the suit is bad for partial partition. On consideration of the entire materials, the court below granted a decree in favour of the plaintiffs declaring their 2/3 shares over the property and also mesne profits. The court