judgment of the learned Single Judge. According to the learned Senior counsel Sri. Krishnan Unni, after the purchase of the undivided share from Karunakara Menon as the sole legal heir, Sivaramakrishnan, his wife and children became co-sharers which necessitated the filing of O.S. 81/1987. According to him, Ramachandran Nair, the legatee had instituted O.S. 186/1973 before the Munsiff's Court, Tirur, against his elder brother Damodaran Nair which was a suit for injunction in respect of an item in E schedule. Exts. B2 to B5 would show that the said suit was ultimately settled and Ext. B17 Will was produced in the said case as document No.1. Therefore, he contended that the allegation that Ext. B17 Will was produced for the first time in the present suit without divulging it earlier is an unfounded allegation as the Will was produced even in an earlier suit of the year 1973. It is also his contention that Ramachandran Nair, as the legatee under the Will, had assigned various items of properties as per Ext.B6, B9, B10, B11, B13, B14 and B15 which were all transfers in favour of strangers based on the Will and they were also put in possession. Ext. B6 is of the year 1978. Exts. B9 and Ext. B10 are of the year 1979 and the other documents are of the years 1982, 1983 etc. According to him, the plaintiffs were well aware of those assignments and they were dealing with the property as though Ramachandran Nair is the legatee
