JUDGMENT :

This regular second appeal has been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure (“CPC” hereinafter) challenging the decree and judgment in A.S. No.2 of 2019 dated 31.08.2022 on the files of the Court of the Subordinate Judge, Ottapalam arose from decree and judgment in O.S. No.328 of 2015 dated 30.10.2018 on the files of the Munsiff Court, Ottapalam. The appellant herein is the defendant and the respondent is the plaintiff in O.S. No. 328 of 2015.

2. Heard both sides in detail, perused the lower court records and the decisions placed by the learned counsel for the appellant/defendant.

3. Parties in this appeal shall be referred as “plaintiff” and “defendant” with reference to their status before the trial court.

4. Facts in brief:

The plaintiff filed suit demanding partition of the plaint schedule property on the assertion that the plaintiff and defendant jointly purchased the same by virtue of Jenm assignment deed No.3194/1985 of SRO, Ottapalam. According to the plaintiff, the plaintiff prayed for partition of the plaint schedule property into two shares and to get half share separately allotted to him.

5. The defendant filed written sta