JUDGMENT

This Regular Second Appeal has been directed against the judgment and decree in A.S.No.98/2012 on the file of Additional District Court-II, Manjeri which arose out of judgment and decree in O.S.No.275/2009 on the file of Subordinate Judge's Court, Manjeri.

2. Appellant is the third defendant in O.S.No.275/2009.

(The parties would hereinafter be referred as per their status before the trial court).

3. The suit was one for partition filed by the plaintiff, the daughter of the first defendant and sister of the second defendant. Plaint schedule property originally belonged to Pious Sebastian, the father of the plaintiff and the brother of the third defendant, who obtained the same as per Assignment Deed No.534/1988 of Melatur Sub Registry Office. Pious Sebastian died intestate on 11.03.2004 leaving behind the plaintiff and defendants 1 and 2 as his legal heirs. Plaintiff has been residing separately from defendants 1 and 2 and she demanded partition of the scheduled property. There is a residential building in the plaint schedule property, which may fetch not less than Rs.3,000/- per month as rent. The building was rented out to the third defendant by defendants 1 & 2 without the