J U D G M E N T

The preliminary decree in a suit for partition is under challenge by the 11th defendant.

2. The plaintiffs and the defendants are the successors of one Bhargavi Amma who was a member of one Arackal Tarwad. The plaint schedule consists of 13 items of properties. The plaintiffs claim the properties to be family/thavazhi properties and seek for partition.

3. The 11th defendant(the appellant), who is the son of Bhargavi Amma claimed the properties to be the separate property of their mother Bhargavi Amma. He claimed exclusive title over plaint item Nos.5 and 6 on the strength of Exts.B3 and B4 Settlement Deeds, items 10 and 11 on the strength of Ext.B2 Gift Deed and item 7 under Ext.B5 Will, all executed by Bhargavi Amma. It was also contended that, plaint item No.8 is not partible since Bhargavi Amma had alienated the same to the 13th defendant under Ext.A10 Sale Deed.

4. The trial court held plaint item Nos.1 to 4 and

12 to be family properties. Plaint item Nos.5 to 11 and 13 were held to be the self acquisitions of Bhargavi Amma. The trial court held against Exts.B2 Gift Deed, Exts.B3 and B4 Settlement Deeds and Ext.B5 Will. It is aggrieved thereby that the 11th defendan