LAKSHMIKUTTY AMMA Vs. RAMAN PILLAI

JUDGEMENT

(1.) THE 1st defendant in O.S. No.381 of 1995 of the Munsiff's Court, Thiruvalla is aggrieved by the decree for partition and fixation of boundary, confirmed by the Sub Court, Thiruvalla in A.S. No.48 of 2002. Parties are referred as plaintiffs and defendants as in the trial court.

(2.) IT is not disputed that item Nos.1 to 5 and 7 of the plaint schedule belong to the defendants and the 1st plaintiff, while item No.6 belongs to Kalyani Amma. Item No.8 in the plaint schedule belongs to the 2nd plaintiff as per sale deed No.2615 of 1981. Item No.9 is allegedly in the possession of the 1st plaintiff and lies contiguous to plaint item No.7. The plaintiffs wanted partition of item No.6 claiming that they have 1/6th share in the said property. They also wanted the boundary of their property to be fixed.

(3.) THE trial court found that item No.6 is partible and accordingly a preliminary decree was passed. The boundary of the property of the plaintiffs was fixed.