NELSON OADALVILA VEEDU KEZHAKKEKARA ANAPPARA VELLARADA DESOM VELLARADA VILLAGE THIRUVANANTHAPURAM Vs. THANKASWAMI S/O KOCHAPPI

JUDGEMENT

(1.) DEFENDANTS 6, 7 and 9 challenge the judgment and preliminary decree for partition passed by the learned Principal Munsiff, Neyyattinkara in O.S.No.649 of 2008 as confirmed by the learned Sub Judge, Neyyattinkara in A.S.No.185 of 2009.

(2.) ACCORDING to the first respondent/plaintiff, plaint A schedule (which is sought to be partitioned) belonged to Chadachi Snehappoo @ Kunji as per partition deed No.5336 of 1121 ME(Ext.A1). She died in the year, 1969 leaving four daughters and three sons. Two of the sons died bachelor. One of the daughters by name, Eli died on 25.05.2007. 4th defendant is the legal heir of the said Eli. Plaintiff alleged that himself and defendants 1 to 4 are in joint possession and enjoyment of the suit property. Defendants 5 to 7 were impleaded as persons claiming under the third defendant (daughter of Snehappoo @ Kunji).

(3.) TRIAL court considered the question whether Snehappoo had executed gift deed No.5664 of 1967 and concluded that due execution of that document is not proved. It followed that plaintiff being a legal heir of Snehappoo was entitled to partition of the property and accordingly judgment and preliminary decree were passed. That judgment and decree were confirmed by the first appellate court. Hence the second appeal.