JUDGMENT :

This appeal arises from the judgment dated 29.5.2020 passed by the Additional District Court, North Paravur, in A.S.No.166 of 2002. The defendant is the appellant.

2. The plaintiff and defendant are the children of Kunjuvareeth. Kunjuvareeth has another daughter named Annies. The plaint schedule property belonged to Kunjuvareed, who died intestate in 1984.

3. The plaintiff instituted a suit for partition as O.S.No.707/1994 before the Principal Subordinate Judge’s Court, North Paravur, seeking partition of the plaint schedule property.

4. The plaintiff pleaded the following:-

The plaintiff is residing in Madras along with her family. Annies, her sister, had been given a share in the family property when she was married. The plaintiff and defendant are the only persons entitled to share in the plaint schedule property in their joint possession and enjoyment.

5. The defendant pleaded as follows:-

The plaintiff has no right over the property. She had already received her share in the family property even during the lifetime of their father. The plaintiff has received Rs.20,000/-in cash and 25 sovereigns of gold ornaments in addition to the usufructuary mortgage regarding a property