JUDGMENT

This appeal is preferred by the defendant aggrieved by the concurrent findings rendered by the Munsiff Court, Pathanamthitta in its Judgment and Decree in O.S No.142 of 2001 as affirmed by the Additional District Court, Pathanamthitta in A.S No.82 of 2006. 2. The brief facts necessary for the disposal of the appeal are as follows:-

3. The respondents/plaintiffs filed a suit for declaration of title, fixation of boundary and seperate possession and injunction against the defendant. Item 1 to 3 comprising of 34 ½ cents, 10 cents and 24 ¼ cents belonged to one late Samuel, the husband of the 2^nd plaintiff and the father of Plaintiffs 1, 3 and the defendant/appellant herein. The father, namely, late Samuel got title and possession over these properties as per the registered sale deeds and partition deed executed in his favour. In the year 1987, it is contended that late Samuel gifted his southern most room in the upstairs and half cents on its south for the construction of stair case to the 3rd plaintiff as per Settlement deed No.1783/87 and in the next year he executed a registered Will deed No.III/25/1988 in respect of the remaining properties in favour of the defendant and