(1.) DEFENDANTS 1 to 4, 6 and 8 are the appellants. The appeal is directed against the judgment and decree in O.S.No.393/1995 on the file of the Sub Court, Ottapalam. The suit was filed for partition and separate possession of 10/27 shares with future mesne profits. The court below passed a preliminary decree for partition directing division of the plaint schedule property into 81 equal shares and to allot 16/81 shares each to the plaintiff and the 8th defendant and 7/81 shares each to defendants 1 to 7. The parties are hereinafter referred to as the plaintiff and defendants as arrayed in the suit.
(2.) IT is pleaded in the plaint that the plaint schedule property was allotted to the branch consisting of his father Raman, brother Krishnan and grandfather Velu as per the partition deed of the year 1931 marked as Ext.A1. Plaintiff and 8th defendant are the male members born in the family, after Ext.A1 partition. According to the plaintiff, the plaint schedule property is the ancestral property of the plaintiff and 8th defendant and they got right by birth. According to him, his father Raman, brother 8th defendant and himself had 1/3 right each in the plaint schedule property and after the death of Raman, his 1/3 right devolved on the plaintiff and 8th defendant in equal proportion. Thus, the plaintiff claimed 10/27 shares and prayed for allotment. Ist defendant is the wife of Raman. Defendants 2 to 8 and the plaintiff are the children of Raman.
(3.) ITEM No.2 in Ext.A1 partition deed is the plaint schedule property. As per Ext.A1 partition deed, the property belonging to the tarwad was partitioned among the tarwad members. The recitals in Ext.A1 partition deed would reveal that the plaint schedule property is the ancestral property of Raman, Krisnnan and their father Velu. Defendants failed to adduce evidence to prove that the plaint schedule property exclusively belongs to Raman. Relying on Ext.A1 partition deed the trial court concluded that that the plaint schedule property is the ancestral property of Raman, Krishnan and Velu.