KA. Abdul Gafoor, J.

A preliminary decree was passed in favour of the plaintiff. In a suit for partition and separate possession of 1/6th of the plaint schedule properties. But that decree was reversed at the lower appellate stage. Therefore, this Second Appeal. The reason for reversal was Ext. B1 document executed by the plaintiffs mother in favour of the plaintiff and her brother. That is a gift deed. It is stipulated therein that the plaintiff and her brother Sreedharan Nair will not have any share in the property of their mother, the donor, left as balance after such gift, which is more specifically described as item A Schedule therein. Item B schedule is the property gifted. Because of the stipulations in the document, the lower appellate Court found that the plaintiff was estopped from seeking partition. The lower appellate Court relied on the decision of this Court in Pathumma Kunju & Ors. v. Assya & Ors. (ILR 1978 (2) Ker 529). Therefore, this appeal at the instance of the plaintiff mainly raising a substantial question of law whether stipulation in a gift deed like Ext. B1, that the plaintiff will have no right to succeed to the balance of the properties of the