BASHEER AHAMMED Vs. AMBUJAM K.

JUDGEMENT

(1.) These appeals have been preferred by defendants in O.S.No.700/2012, on the files of the Sub Court, Palakkad, which was a suit seeking partition of the plaint schedule properties, filed by Smt.Ambujam.K, Sri.Valsalan K. and Sri.Prasannakumar, who are the respondents 1 to 3 in both cases.

(2.) Defendants 20 to 22 have filed RFA.No.109/2017 while defendants 28 to 32, 36, 39, 47 and 48 have filed RFA.No.106/2017 and both of them contend that the shares as has now been concluded by the Trial Court in the impugned judgment and decree is in error and that the plaintiffs are entitled to much less share than what has been granted to them.

(3.) The appellants, based on the pleadings and materials available, assert that the Trial Court has merely accepted the version of the plaintiffs - that they are entitled to 1/16 th share in the plaint schedule properties - but without entering into any enquiry as to the actual shares which are entitled to each of the parties; and that, as a consequence thereof, the allotments now made are completely without basis and thus, inequitable. The appellants resultantly, pray that the impugned judgment and decree of the Trial Court be set aside, at least to that extent.