SAROJNI AMMA Vs. KITTIMANI @ RAMAKRISHNAN

JUDGEMENT

(1.) The preliminary decree in a suit for partition is under challenge by the plaintiff.

(2.) The plaint schedule property has an extent of 6.5 cents. The plaint schedule property belonged to one Madhavi Amma, who is the plaintiff's father's sister. As per a Will executed by Madhavi Amma, the property devolved on the plaintiff and his brother Pankunni @ Appunni Nair. Under Ext.A1 sale deed of the year 1984, the plaintiff conveyed his rights over the property in favour of one Annamala Muthali. He in turn conveyed the rights to the defendant in the year 1994, as per Ext.B1 sale deed. In the year 2000, the plaintiff filed a suit as OS 396/2000 for a declaration of civil death of his brother Pankunni @ Appunni Nair since he was unheard for years. As per Exts.A2 and A3 decree and judgment, the suit was decreed. Thus the plaintiff became the legal heir of his brother Pankunni @ Appunni Nair and the rights of Pankunni over the plaint schedule property viz. half share devolved on the plaintiff. The suit is laid for partition of one half right over the plaint schedule property.

(3.) The trial court passed a preliminary decree for partition and separate allotment of half share of the plaintiff. The house and the shop room was directed to be allotted to the share of the defendant after valuation. On appeal, the lower appellate court modified the decree and excluded the buildings from valuation. Aggrieved by the said direction, the plaintiff is in appeal.