JUDGMENT :

Aggrieved by the decree and judgment in O.S.No.108 of 1998 of the Munsiff's Court, Vadakara and in A.S.No.92 of 2000 of the Additional District Court, Vadakara, the legal heirs of the original plaintiff along with some other supporting defendants came up with this second appeal.

2. The original suit was filed for partition of the plaint schedule property having an extent of 1 acre 36.75 cents.

3. The claim of the plaintiff is that his predecessor-in-interest one Chappila obtained leasehold right over the property under Ext.A1 in the year 1927. He has got three daughters by name Chirutha, Matha and Kalyani and they were in possession and enjoyment of the property along with other legal heirs. The demand for partition was not fructified, which has necessitated institution of the suit for partition.

4. The defendants entered appearance and contended inter alia that they have obtained exclusive right, title and interest over the property by virtue of Ext.B1 lease deed of the year 1944 through their mother Matha and subsequently, during her life time, she had asserted her right, title and interest over the property by giving 10 cents of property to one Kelappan in the year 1945 u