EALYE Vs. STELLA

JUDGEMENT

(1.) THE following are the substantial questions of law formulated at the time of admission of the appeal.

(2.) PLAINTIFFS in O.S.No.576 of 1993 on the file of the Munsiff Court, Paravur are the appellants. The appeal is directed against the decree and judgment in A.S.No.65 of 1995 on the file of the Additional District Court, North Paravur. Suit is filed for partition and separate possession claiming 4/5th shares in the plaint schedule property. The trial court held that the plaint schedule property is not partible and therefore the plaintiffs are not entitled to get any share in the plaint schedule property. The lower appellate court confirmed the findings of the trial court and dismissed the appeal.

(3.) THE trial court as well as the appellate court appreciated the oral and documentary evidence. THE evidence consists of testimony of PW1, exhibits A1 to A8, B1 & B2.