MOHAMMED SYEED Vs. JASEENA

JUDGEMENT

(1.) This appeal is preferred by the defendant in O.S. 217/ 1994 challenging the final decree and judgment passed by the Subordinate Judge's Court. Thalassery.

(2.) The lower court passed a preliminary decree for partition as per the decree and judgment dated 22-12-1995. Subsequently a final decree is passed by the lower court as per the final decree and judgment in I.A. 760/98 in O.S. 217/94 dated 25-1-2001. The defendant in the suit has preferred this appeal challenging the final decree and judgment passed by the lower Court

(3.) The suit for partition is filed by the plaintiff-daughter against the defendant-father. Though she claimed partition of plaint A sched- ule property into two equal shares and to allot one such share to her and for reservation of the house and plaint B schedule movables, the lower court passed a preliminary decree for partition of the plaint A schedule property into two equal shares and to allot one such share to the plaintiff reserving the house in favour of the defendant and to allot a cot and form bed out of plaint B schedule movables to the plaintiff without valuation.