MUHAMMED BASHEER Vs. ABDUL MAJEED

JUDGEMENT

(1.) The final decree in a suit for partition is under challenge by the 3rd defendant. 'Manappurath parambu' that belonged to late Aishumma, the predecessor in interest of the parties is sought to be partitioned. The contention of the appellant/3rd defendant is that, Aishumma obtained title over the property as per Ext.A1 sale deed, which relates only to 12 cents of property. But the property in respect of which partition is sought has an extent of 18 cents. The appellant has prescribed title over the remaining 6 cents by virtue of adverse possession of limitation. Therefore, the decree for partition could not have been passed in respect of the entire 18 cents, is the contention.

(2.) The said contention was urged by the appellant herein in the preliminary decree proceedings. It was found that, the parties were residing in the property along with Aishumma and her husband, Mohammed. Independent claim sought to be put up by the appellant regarding the extent of 6 cents, was negatived and preliminary decree for partition was passed.

(3.) In the preliminary decree, it was held thus: