MANAM MUZHANGAYIL VISWANATHAN Vs. MANAM MUZHANGAYIL RAMAKRISHNAN

JUDGEMENT

(1.) The plaintiff in O.S.357/1996 the file of the Munsiff's Court, Taliparamba is the appellant in this second appeal. The said suit was one for partition of one item of property admeasuring 5.17 acres. The plaintiff claimed 1/8th share over the plaint schedule property and contended that defendants 1 to 6 are each entitled to 1/8th share and defendants 7 to 10 are together entitled to 1/8th share. The title for partition was claimed on the strength of Ext.A1 certificate of purchase.

(2.) The suit was resisted by defendants 2, 4, 5 and 7 to 10 contending inter alia that the property was obtained by the father of defendants 1 to 6 and grandfather of defendants 7 to 10 and that the plaintiff was not entitled to any share over the 72 cents covered by plot No.4 in Ext.C2 plan.

(3.) The trial court passed a preliminary decree for partition over plots 1-A and B of Ext.C2 plan as prayed for, but excluded plot No.4 in Ext.C2 plan holding that the said plot was not covered by Ext.A1 certificate of purchase nor the title claimed by the plaintiff. On appeal by the plaintiff the lower appellate court also confirmed the said finding of the trial court and excluded plot No.4 in Ext.C2 plan from partition. It is the said decree which is assailed in this second appeal.