JUDGMENT :

A. BADHARUDEEN, J.

1. This Regular Second Appeal has been filed under Order XLII Rule 1 and Section 100 of the Code of Civil Procedure, assailing the decree and judgment in A.S.No. 19/2019 on the files of the Additional Sub Court-II, Thrissur, arose out of the decree and judgment in O.S.No. 545/2011 on the files of the Munsiff Court, Wadakanchery.

2. Heard the learned counsel for the appellant/legal heir of the 1st defendant in the suit as well as the learned counsel appearing for the 1st respondent, who is the plaintiff in O.S.No. 545/2011.

3. I have perused the relevant documents and the decisions placed by both sides.

4. I shall refer the parties in this appeal as 'plaintiff', 'legal heir of the 1st defendant' and ‘3rd defendant’ for convenience.

5. Facts of the case:

The plaintiff, who obtained joint right over the plaint schedule property on the basis of an auction purchase in a court sale, had filed the present suit, seeking partition of his ¼ share in the property.

6. The 1st defendant filed written statement contending that she obtained exclusive ownership and possession over the plaint schedule property by a Will deed executed by Velayudhan (husband of the 1st defendant