(1.) The concurrent dismissal of a suit for partition is assailed by the plaintiff in the suit.
(2.) The parties are siblings. The plaint schedule consists of two items of properties. Item No.1 having an extent of 42.40 Ares admittedly belonged to the mother of the parties. Plaint item No.2 belonged to the father of the parties and was gifted to the mother as per Ext.A3. Thus, both plaint items 1 and 2 belonged to the mother.
(3.) The claim for partition was challenged by the defendants setting up Ext.A1 Gift Deed executed by the mother in their favour.