B. KEMAL PASHA, J.

(1) Is there any importance in medical evidence to arrive at the presence of or lack of the mental element of disposing state of mind?

(2) Whether the case pleaded by the plaintiff is the lack of free consent in the execution, or the denial of execution of Ext.B1?

(3) Is there any difference in the manner of proof of a gift deed when lack of free consent in the execution is pleaded or where the execution as such is denied?

(4) Is this a case wherein a simple suit for partition, maintainable?

(5) If entitled, what should be the share to which the plaintiff is entitled?

1. Precisely, these are the matters arise for consideration in this Second Appeal.

2. O.S. No. 198/2006 of the Munsiff's Court, Koyilandy is filed as a simple suit for partition, seeking partition and separate possession of the ½ share of the plaintiff over the plaint schedule properties by metes and bounds and for mesne profits.

3. The plaintiff and late Madhavi Amma are the only two daughters of late Rarappan Nair and his wife. His wife pre-deceased Rarappan Nair. Madhavi Amma also pre-deceased Rarappan Nair. Rarappan Nair died on 17.05.2006.The first defendant is the husband of late Madhavi Amm