VELAYUDHAN Vs. KUTTOOLI

JUDGEMENT

(1.) The appellants herein are the plaintiffs in O.S. No.364 of 2013, a suit for partition, filed before the Third Additional Sub Court, Kozhikode. The suit was decreed, finding that the plaint B schedule property was partible. Aggrieved, the defendants preferred A.S. No.72 of 2015, before the Additional District Court-I, Kozhikode, which was allowed by reversing the judgment and decree of the trial court.

(2.) The brief facts necessary for the disposal of the appeal are as follows:

(3.) On an appreciation of the oral and documentary evidence, the trial court decreed the suit and passed a preliminary decree directing that the plaint B schedule property be partitioned into 20 equal shares, of which ten such shares shall be allotted jointly to the plaintiffs. Aggrieved, the defendants preferred A.S. No.72 of 2015 before the Additional District Court-I, Kozhikode. The first appellate court, on re-appreciation of the evidence, came to the conclusion that by mere inclusion of Unniatha in the partition deed, she will not get any right over the property since she does not have an antecedent title to the property, and thus the partition deed will not confer any right in her favour. Accordingly, finding that Unni @ Bhaskaran alone is entitled to inherit the property, the suit was dismissed and hence the present appeal.