Challenging the concurrent findings entered by the Additional Sub Court, North Paravur in O.S.No.378/2007 and the Additional Sessions Court, North Paravur in A.S.No.35/2011, the plaintiff in O.S.No.378/2007 of the Additional Sub Court, North Paravur has come up with this second appeal.

2. The suit is one for partition. The properties involved were allotted to late Gopalakrishnan, through Ext.A1 partition deed, and another sale deed. Plaintiff Sudhakaran is the elder brother of late Gopalakrishnan. The 2nd respondent is the son of the plaintiff. Respondents 3 and 4 are the sisters of the plaintiff and late Gopalakrishnan. Gopalakrishnan died on 9.12.2006. He had married the first respondent herein Ragini just three years prior to his death, at the age of forty. No children were born in their wedlock. It has come out that almost three years of their marital life, all along, Gopalakrishnan continued be a cancer patient, and finally he succumbed to his illness.

3. An extent of 21 cents of property and the family house situated thereon was allotted to Gopalakrishnan through Ext.A1 Partition deed. The case of the plaintiff is that Gopalakrishnan had executed Ext.A2 unregistered W