ORDER :

1. This Regular Second Appeal arises out of decree and judgment in A.S. No. 25/2018 dated 08.01.2021 on the files of the Sub Court, Kochi, which emerged from decree and judgment in O.S. No. 465/2015 dated 31.01.2018 on the files of the Munsiff Court, Kochi.

2. Heard the learned Senior Advocate Sri T. Krishananunni appearing for the defendant and Advocate Sri G. Krishnakumar, appearing for the respondent, on admission.

3. Perused the judgments under challenge and the available materials.

4. The parties in this appeal will be referred hereafter as ‘plaintiff’ and ‘defendant’ relegating their status before the trial court.

5. Plaintiff’s case in nutshell is as under: According to the plaintiff the plaint A schedule property having an extent of 2.33 Ares along with one shop room numbered as 4/351 and a shop room with residential portion numbered as 4/352 were given in favour of the plaintiff by his father, Sri Peter, as per settlement deed No. 1512/2012. It was contended that father obtained property having an extent of 10.53 Ares as per partition deed No. 777/1963 and he constructed the above shop room and building. Thereafter, the father divided the property among the plaintiff, d