M. Sasidharan Nambiar, J.

1. Appellant instituted OS 4 of 1985 before Munsiff Court, Parappanangadi seeking a decree for partition and allotment of his share in the plaint B schedule property, having an extent of 2.42 acres in RS 223/1 of Cherukad Village of Eranad Taluk. Respondents 1 and 2 filed OS 299 of 1984 seeking a decree for permanent prohibitory injunction in respect of the same property contending that the property belongs to them absolutely. Plaint B schedule property admittedly originally belonged to deceased Pathummakutty Umma having obtained it on lease. Appellant is the son of Pathummakutty Umma in her first husband. Respondents 1 to 3 are the children born to her in her second marriage. Appellant contended that on the death of Pathummakutty Umma, plaint B schedule property devolved on all the legal heirs and therefore he is entitled to 2/7 shares and 3rd respondent is entitled to 1/7 shares and respondents 1 and 2, 2/7 shares each. Respondents contended that plaint B schedule property is not available for partition as under Ext. A3 gift deed executed on 23/01/1963, Pathummakutty Umma had gifted the properties to respondents 1 and 2 and the gift deed was acted