Judgment :-

Dalveer Bhandari, J.

1. This appeal is directed against the judgment dated 23rd March, 2000 passed by the High Court of Kerala at Ernakulam in Second Appeal No.518 of 1990

2. Theappellant is aggrieved by the order of the High Court because the High Court in second appeal under section 100 of Civil Procedure Code, 1908 reversed the concurrent findings of the trial court and the first appellate court. According to the appellant, the second appeal did not involve any question of law much less any substantial question of law warranting interference by the High Court under section 100 of the Code of Civil Procedure.

3. Thefacts which are necessary to dispose of the appeal are recapitulated as under:

.The appellants were defendants in the suit and the respondents were the plaintiffs. The plaintiffs filed a suit contending that the property in question is a subtarwad property of defendant no.1 and, therefore, the members of the subtarwad including the plaintiffs and defendants no.1 to 3 are entitled to 1/11 share each for each member of the subtarwad under the customary law. Defendant nos.1 to 3 and defendant nos.4 and 5 who got assignment of the property for a valuable conside