5. The case of the appellants is that after the demise of Bathalavallam Srinivas Pillai and Bathalavallam Subramanyam Pillai, Bathalavallam Vijayaraghava Pillai, who is the father of D-1 to D-3 was acting as kartha of the joint family consisting of himself and his three brothers B.Munichencurama Pillai, the first plaintiff and B. Pattabhirama Pillai and B.Damodaram Pillai, who are the defendants 4 and 5 and that he was managing the entire properties. Vijayaraghava Pillai died in the year 1985. The properties were never divided among the members of the joint family. The version of the plaintiffs is that since Vijayaraghava pillai was in the village, he was managing the properties and giving the share of produce to the other co-sharers. Subsequently the third defendant, who is said to be a poor person was permitted by defendants 1, 2, 4 and 5 to live in “B” schedule property and to look after the joint family properties and the third defendant used to manage the joint family properties till 1998 i.e., for a period of six or seven years. It is also submitted by the plaintiffs that the third defendant clandestinely executed a nominal registered sale deed dated 03-71977 for Rs.6000/- in respect of item No. 3 of the plaint schedule properties in order to harass the plaintiffs, who were claiming their
