KOYIPPURATH AUGUSTY Vs. KOYIPPURATH TOMY @ THOMAS

JUDGEMENT

(1.) DEFENDANT in O.S. No. 528 of 2000 of the Munsiff's Court, Taliparamba is aggrieved by the preliminary decree for partition confirmed by the Sub Court, Payyannur in A.S. No. 111 of 2004.

(2.) A total extent of 30 cents belonged to the late Mathai and Annamma, grant parents of the appellant and parents of the respondent. Annamma executed Ext.B1, gift deed No. 2423 of 1997 in favour of the appellant concerning her undivided = share over the suit property. Later, Mathai and Annamma executed Ext.A1, gift deed No.2209 of 1999 in favour of the respondent regarding the remaining 15 cents with the residential building and other structures mentioned therein. The respondent contended that in view of Ext.A1 and Ext.A2, he has > share in the suit property. He also claimed right over the residential building. The respondent accordingly prayed for partition and separate possession of his share.

(3.) THE trial court dismissed the suit.