RAMKUMAR, J.

1. In this intra-court appeal filed under Section 5 of the Kerala High Court Act, 1958, the sole plaintiff in O.S.No.223 of 1983 on the file of the Subordinate Judge’s Court, Thrissur, challenges the appellate Judgment and decree passed by a learned single Judge of this Court in A.S.441 of 1988. The said suit was one for realisation of a sum of Rs.20,000/- from the appellants’ step mother one Parukutty Amma and her daughter Sukumari on the allegation that the said amount was the sale consideration due to the appellant under Exts.A1 to A3 sale deeds.

JOINT-TRIAL – The partition suit

2. The present suit was jointly tried along with O.S.No.182 of 1983 which was a suit filed by the said Parukutty Amma and her daughter Sukumari seeking partition and separate possession of 2/3 shares over 6 items of immovable properties described in the plaint schedule. In the partition suit the mother and daughter alleged that the suit properties absolutely belonged to late P. Narayanan Ezhuthassan, that before Narayanan Ezhuthassan married Parukutty Amma, even though he had executed a will in the year 1945 purporting to bequeath the suit properties in favour of his two sons Vasu