MARIA FRANCIS Vs. M.VARGHESE @ MARIA VARGHESE

JUDGEMENT

(1.) The legal representatives of the first defendant in the suit in O.S.No.293 of 1996 on the file of the District Munisif Court, Eraniel, are the appellants in the above second appeal.

(2.) The first respondent in this appeal filed the suit in O.S.No.293 of 1996 for partition of his 1/2 share in suit schedule items 1, 2, 4 and 5 and 8/11 share in suit schedule 3 rd item of the property.

(3.) The case of the plaintiff is that the suit items 1 and 2 were jointly purchased by the plaintiff and the first defendant under different sale deeds. The plaintiff further stated that the suit items 4 and 5 are the ancestral properties belong to both the plaintiff and the first defendant. As against the third item of suit property the claim of plaintiff is that out of 11 cents, 8 cents was purchased by the plaintiff and three cents was purchased by the first defendant. The plaintiff also claimed exclusive right in respect of the house that was constructed in suit first item. According to the plaintiff, the building in suit first item was constructed by the mother of the plaintiff and the first defendant and that his mother during her life time had gifted the house in his favour.