NALINI Vs. RAMAKRISHNAN NAIR

JUDGEMENT

(1.) Challenging the concurrent findings entered by the Principal Munsiff's Court-II, Kozhikode in O.S.No.865/2008 followed by those of the Additional District Judge-II, Kozhikode in A.S.No.51/2012, the plaintiff has come up in second appeal.

(2.) The suit is one for partition. The original plaintiff is presently no more. His legal representatives are the present appellants, who are additional plaintiffs 2 to 4. The first defendant is the elder brother of the 2nd defendant and the plaintiff. The plaintiff is younger to the 2nd defendant.

(3.) The plaint schedule property is having an extent of 22.75 cents of land in Re.Sy.No.23-17-622 of the Panniyankara Amsom in Kozhikode Taluk. The said property was a part of the larger extent of properties originally belonged to the Thavazhy of the parties. Their occurred a partition in the Thavazhy through Ext.A1 in the year 1978 whereby the plaint schedule properties were allotted to the share of the first defendant, 2nd defendant and the plaintiff jointly. Ext.A1 was executed on 27.11.1978 and got it registered on 03.12.1978 only. It was a house registration, since some of the parties to the partition deed were too old, which made them impossible to attend the Sub Registry Office.