VINODAN Vs. VISHWANATHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21st May, 1998 passed by the High Court of Kerala at Ernakulam in A.S. No. 254 of 1990.

(2.) This is an unfortunate litigation regarding partition of a building constructed on a small piece of land between the brothers. It is not disputed that the land is jointly owned by both the brothers. The dispute is restricted over the building which has been constructed on the part of the land. The matter has travelled from the Sub-ordinate Court, Trichur to this Court.

(3.) A serious endeavour has been made by this Court to amicably settle the matter. On 6.8.2008, the following order was passed by this Court. "In the present case, the dispute is between two brothers. The ownership of the land is admittedly joint. The short controversy is regarding the cost of construction over that plot. The case of the respondent is that he has spent the entire cost of construction whereas the case of the appellant is that he has also contributed equally to the cost of construction. In our considered view, this controversy can be easily sorted out by the parties. We have requested the learned counsel for the parties to ensure that the matter may be amicably settled between the parties and for that purpose, we adjourn this matter for four weeks." The dispute could not be resolved despite efforts of this Court and now we have been called upon to give our judgment in the matter.