JUDGMENT :- The 6th defendant in O. S. No. 14 of 1958 on the file of the Munsiff's Court, Chowghat is the appellant.

2. The 1st respondent herein filed the aforesaid suit for partition and separate possession of a half share in plaint schedule items 1 to 5 inclusive of the house situated in item No. 1 and for recovery of possession of plaint items 14 to 16 as belonging to him exclusively. The 6th defendant resisted the suit in so far as it relates to plaint item No. 1 and the building situated therein on the ground that the property had been validly assigned to him under a sale deed, Ext. B-2 executed in his favour by the plaintiff's mother Annamma acting for herself and as guardian of the plaintiff who was then a minor, and by the plaintiff's brother the 2nd defendant who was a major. The Courts below negatived the contentions of the 6th defendant and granted the plaintiff a decree as prayed for. Hence this appeal by the 6th defendant.

3. The plaintiff and defendants 1 to 5 are the children of one Kunhu Vareed by his wife Annamma. The plaint schedule properties admittedly belonged to Kunhu Vareed. He died on 19-3-1943 leaving a registered will evidenced by Ext. B-1 dated 9-4-1942. T

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