P.K. SATHEESH Vs. K. RAJALAKSHMI

JUDGEMENT

(1.) The appellant is the respondent in O.P 648/2003 on the files of the Family Court, Kozhikode. The above original petition was filed by the respondent herein for partition and separate possession of the plaint schedule property. The parties are referred to as in the original petition. The brief facts of the case can be encapsulated as follows:

(2.) The respondent filed written statement raising the following contentions. He admitted the marital relationship and the parentage of the children born in the wedlock and subsequent dissolution of marriage by a joint petition. But, he contended that he has availed an amount of Rs 1,73,000/- as loan from the Gramin Bank for purchasing the property. There was an old residential building in the property and he has availed loan from different institutions for the renovation of the said building. He has availed an amount of Rs 42,000/- from the provident fund, Rs 50,000/- from KANFIN Home and Rs 1,70,000/- by selling his share in the Unit Trust. Since he has renovated the building by spending his own money, he is entitled to get a reservation in this respect. If the property is liable to be partitioned, the respondent is entitled to get reservation of Rs 5,17,000/- already spent by him for the renovation of the building. On these contentions he prayed for disposal of the case accepting his contentions also.

(3.) On the aforesaid rival pleadings, both parties adduced evidence which consists of oral testimony of PW1 and RW1 and Exts A1, B1 to B8 were marked. After considering the aforesaid evidence on record, the family court decreed the original petition as prayed for and rejected the claim for reservation of Rs 5,17,000/-. The legality and correctness of the findings in the impugned order whereby the family court granted preliminary decree for partition is under challenge.