ALBERT AND ORS Vs. JOHN WILSON AND ORS

JUDGEMENT

(1.) Appeal is by the plaintiff in a Suitfor Partition challenging the Order of remand passed by the learned Additional District Judge, Thiruvananthapuram. Setting aside the preliminary decree passed by the trial court the case was remanded for passing a fresh preliminary decree in terms of the directions given.

(2.) Challenge raised against the Order of remand lie within a narrow compass, and, a detailed narration of the pleadings of the parties to the suit is not called for. Suffice to state that three items of properties were scheduled in the plaint as A B and C schedules for partition among the sharers.A and C schedule properties, both of them, belonged to Ponnumuthan Nadar, father ofplaintiff, defendants 1 to 7 and one Stella Rani, who predeceased him.Stella Rani had died issueless, and, her husband was later impleaded in the suit as additional 8th defendant. Plaintiff claimed his share in A and C schedules alleging that he and defendants 1 to 7 have equal rights in those properties. B schedule property having an extent of 1 acre was obtained by plaintiff under Ext.A3 sale deed and, later, he assigned one half of that property in favour of Stella Rani. On the death of Stella Rani without issues the above property reverted back to the plaintiff was his claim, with an alternative case that if that one half property in B schedulewas found partible, his share has to be partitioned and allotted to him.

(3.) In this appeal challenging the Order of remand passed by the court below the issue relates to the directions given by the learned District Judge over the allotment of shares in A and B schedule properties. With respect to C schedule property, which was found partible among the sharers by the trial court there was no further challenge and that findingwas affirmed by the lower appellate court.