The counsel submits that he has not received any

information regarding settlement. Hence, the matter is heard

on merits.

Heard the appellants’ counsel and also the counsel

appearing for the respondents.

The factual matrix of the case of the plaintiffs

before the Trial Court is that, they are seeking for the relief of

partition and separate possession of the suit schedule property

claiming 2/5^th share in the suit schedule property contending

that property belongs to the joint family and they are in joint

possession and the same is acquired out of the joint business

and hence the plaintiffs claims that along with defendants No.1

to 3 they are entitled for 1/5^th share and also it is the

contention that defendant No.3 has created the same in his

name in revenue records ignoring the right, title and interest

and joint status of plaintiffs and defendants No.1 and 2.

The defendant No.3 appeared and filed written

statement contending that the father T.P. Hussain Saheb had

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executed a gift deed in his favour on 18.6.1970 in respect of

his share of the property which was jointly purchased by him

and his father and also it is his contention that already there

was a partition of prope