EASWARAN S., J -------------------------------------

R.S.A No.543 of 2025 ------------------------------------

Dated this the 16^th day of December, 2025 JUDGMENT This appeal arises out of the judgment rendered by the 1^st Additional Sub Court, Kozhikode in O.S.No.83 of 2021, which was reversed by the Additional District Court - II, Kozhikode in A.S.No.2o of 2024.

2. The brief facts necessary for the disposal of the appeal are as follows:

The appellants filed the suit for partition contending that item No.1 of plaint B schedule property is a Tharavad property obtained by one Raman in the year 1913. After the death of Raman, Moothoran, the son of Raman, obtained the property as per document No.1163 of 1928. Moothoran, along with his brother Sankaran, partitioned the property in the year 1970 as per document No.2106 of 1970. Item No.2 was allotted to Sankaran and his family. The plaintiffs and defendants are the legal heirs of the Sankaran. Sankaran died in the year 1981. During his life time, Sankaran had executed a settlement deed by transferring 15 cents in favour of his son. The defendants resisted the plaintiffs contending that the plaintiffs had no right over the property since no j