JUDGMENT

This appeal is preferred by the 12^th defendant in a suit for partition, aggrieved by the reversal of the judgment and decree of the Sub Court, Thrissur in O.S.No.524 of 1997 by the1st Additional District Court, Thrissur in A.S.No.510 of 2003.

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

The plaint schedule property consists of two items having extends of 1.19 acres and 2 cents respectively. It belonged to one Ramai and her three children as per a partition deed. The plaintiff is the son of one Nagan, who is the second son of Ramai. The appellant – 12^th defendant is one of the son of Krishnan, who is the third son of Ramai. It is contended by the plaintiff that consequent to the death of the mother in 1987, the property devolved among the plaintiff and the defendants and they are in joint possession. Since the request for separate possession of the plaintiff's right was declined, a notice demanding partition was issued, to which the children of Krishnan, the third son of Ramai, replied stating that there was an oral partition among the three sons of Ramai and as per which, the father of the plaintiff had executed an agreement of sale and pursuant to