K.V. Sankaranarayanan, J.

1. The plaintiff in O.S.No. 1005/87 on the file of the Sub Court, Thrissur is the appellant.

2. The suit was for partition of one item of property measuring 33 x 36 six feet koles and forming part of Survey No.62/2 Engandiyoor Village with the building thereon. The plaintiff claimed that, as per a partition deed of 1946, the property belonged to his father Iyyob, who died in 1961 leaving behind his wife Achayi, 4 sons and three daughters. Achayi also died in 1971. Neither had left behind any valid will or testament. The plaintiff further stated that a lower primary school under the ownership and management of Iyyob was transferred to the plaintiff before his death and the defendants had no claim over that property. He further stated that Celine, subsequently impleaded as the 6th defendant, who is one of the daughters Iyyob and Achayi, had executed a release of her share in favour of her mother and so, she had no right in the property. Another item of property owned by the father was sold in favour of one Visalakshi in 1977 by the plaintiff and the defendants together and only the plaint schedule property is available for partition. The plaintiff clai