PHILIPS ALFRED MALVIN Vs. Y J GONSALVIS

JUDGEMENT

(1.) This appeal is directed against the decree and judgment in A.S. No. 92 of 1989 of the Sub Court, Thalassery, which was filed against the decree and judgment in O.S. No. 458 of 1987 of the Munsiff s Court, Kannur. The plaintiff before the Trial Court is the appellant.

(2.) The case of the appellant is that the plaint schedule property originally belonged to deceased George Correa and his wife Jane Correa, as per document No. 912/1955. Jane Correa pre-deceased her husband George Correa. She died on 2-11-1970. George Correa .died on 18-12-1976. His legal representatives are the plaintiff and defendants 1 and 2 and another son Malvin, who is no more. The legal representatives of Malvin Correa are defendants 3 to 8. The plaintiff claiming to the adopted son of George Correa sued for partition of the plaint schedule property.

(3.) The Trial Court passed a preliminary decree for partition. Aggrieved by the said decree and judgment, the defendants filed A.S.No. 92 of 1989 before the Sub Court, Thalassery. The learned Sub Judge allowed the appeal setting aside the decree and judgment of the Trial Court and dismissed the suit. Aggrieved by the said decree and judgment of the Sub Court, the plaintiff has preferred this appeal.