JUDGMENT

1. The appellant is the plaintiff in a suit for partition. The suit for partition was filed for partitioning plaint E Schedule property having an extent of 21 cents of land, which belonged to the father of the appellant, Peerumuhammed. The 1^st defendant is the wife, and the defendant, Nos.2 to 8, are other children of Peerumuhammed. Peerumuhammed died on 6.04.1998.

2. As per the plaint allegations, late Peerumuhammed derived plaint A Schedule property of 30 cents as per Ext. A1 Partition Deed. Out of A Schedule property, Peerumuhammed settled Plaint B and C schedules having an extent of 3 cents each in favour of the plaintiff as per Exts.A2 and A3. Subsequently, Peerumuhammed orally gifted Plaint D Schedule having 3 cents of land to the plaintiff to start his small-scale industry. Thus, excluding the said 9 cents of land, the plaintiff included 21 cents of land in E Schedule, which is sought to be partitioned among the plaintiff and defendant Nos. 1 to 7. The 8^th defendant eloped with one Christian, and she is living as a CSI Christian and;

hence, she is not entitled to get any share in plaint E Schedule. The plaintiff claimed 1/3 share in the plaint E Schedule property. Thou