VALLIKKUNNU PARAMBIL SUBRAMANIAN Vs. SANTHA

JUDGEMENT

(1.) THE second defendant in O.S. No.925 of 2003 of the Munsiff's Court, Kozhikode - II is aggrieved by the preliminary decree for partition, confirmed by the Sub Court, Kozhikode in A.S. No. 28 of 2008.

(2.) PLAINT B schedule, according to the plaintiffs belonged to the late Krishnankutty, the brother of the plaintiffs and defendants 1 and 2 and the son of the 3rd defendant on oral lease. He died a bachelor and intestate on 27.09.1981. Plaintiffs claimed 3/6th share over the suit property.

(3.) THE appellant/second defendant contended that Krishnankutty had no independent right or possession of the suit property. According to the appellant/second defendant, himself and the first defendant purchased the property from one Cherooty as per Ext.B1, Kanam assignment deed No. 1394 of 1985. Later the first defendant agreed to assign his undivided half share in the suit property to the appellant/second defendant in the year, 2002 for consideration. The appellant/second defendant paid Rs. 7,500.00 to the first defendant but for some reason or the other, the document was not executed by the first defendant.