Aggrieved by the judgment and decree in O.S.No. 92/1992 on the file of the Sub Court, Kasaragod, this appeal is filed by the defendant. The respondent as plaintiff filed the suit for partition and separate possession over the plaint schedule property. Plaint A schedule property originally belonged to late Sugandha, mother of plaintiff and defendant who passed away in March 1992. On her death, A schedule property devolved on the defendant and plaintiff and both of them are entitled to ½ right over the property. A schedule consists of the residential building in the occupation of the defendant and 4 other shop rooms in the possession of monthly tenants. The annual income of the property would fetch Rs.14,200/-. Defendant is collecting the entire income and appropriation the same without paying anything to the plaintiff. Notice was issued on 28-5-1992 and again on 30.5.1992. The second notice sent was received by the defendant to which she sent false reply. Even after acceptance of notice, the defendant was not amenable for partition and hence the suit.

2. The defendant filed written statement contending that late Suganda bequeathed A schedule property to her as per registe