OUSEPH JOHN, RESIDING AT MUKKATHODU PURAYIDATHIL, VAIPUR MURI ANICKADU VILLAGE, MALLAPPALLY TALUK AND AMMUKUTTY JOHN OF -DO- -DO- Vs. M.J. JOSE, PUNNAVELIL, MUKKETHODU VEEDU, ANICKADU VILLAGE MALLAPPALLY TALUK AND ORS.

JUDGEMENT

(1.) THIS Second Appeal arises from the judgment and decree of learned Sub Judge, Thiruvalla in A.S. No. 51 of 2001 which in turn arose from the judgment and decree of learned Munsiff, Thiruvalla in O.S. No. 747 of 1995. The appellants/plaintiffs, husband and wife sued the respondents/defendants for partition of 20 cents described in the plaint schedule. According to the appellants, as per Ext. A1, compromise decree in A.S. No. 128 of 1981, the suit property was acquired by the appellants and the parents of the 1st appellant. Hence the appellants are entitled to half share in the said property. On the death of the parents, their half share devolved on the 1st appellant, respondents and the deceased brother of the 1st appellant. The 1st appellant acquired the undivided shares of respondents 3 to 6 as per Ext. A2 and the share of the deceased brother from his legal representatives as per Ext. A3. Hence the appellants claimed that the 1st appellant has 5/8 shares in the half share of the parents.

(2.) THE trial court found that since Exts. A2 and A3 are not registered, those documents cannot affect title of respondents 3 to 6 and the legal representatives of the deceased brother of the 1st appellant. It was found that the 1st appellant has only 1/8 share in the suit property. Accordingly, a preliminary decree was passed. That is confirmed by the first appellate court. Hence the second appeal. The following substantial questions of law are framed for a decision:

(3.) SO far as the right of the 2nd appellant is concerned the trial and first appellate courts found that it is only under the 1st appellant and her husband. The learned counsel has placed reliance on Ext. A1, compromise decree in O.S. No. 128 of 1981.