J U D G M E N T

A.Muhamed Mustaque, J.

The controversy in this appeal, filed by the third plaintiff in a suit for partition, can be set right by setting aside the allotment of house in the preliminary decree granted in favour of the fourth defendant and allowing parties to claim allotment of house in the final decree proceedings. It is to be noted that no one has adduced oral evidence to claim allotment of house on equitable ground at the preliminary decree stage. In that scenario, it was not safe to allot house in the plaint schedule property exclusively in favour of the fourth defendant. Therefore, preliminary decree to that extent is set aside. We are of the view that the fourth defendant or any other parties to the suit can claim for allotment of the house at the final decree stage after giving them an opportunity to adduce evidence for such claim.

2. Yet another claim by the appellant-

plaintiff was in regard to 'B' Schedule amount lying with HDFC Bank, Nadapuram Branch. As seen from Ext.X1, the bank account was opened by six persons, though the front page of the account shows only the names of three persons. The parties are now seeking share of Pathu, their deceased mother. The