JUDGMENT

The defendant in O.S. No. 378 of 1998 on the files of the Sub Court, Thrissur, is the appellant herein.

2. A suit was filed for partition of the plaint schedule property by the respondents herein. The plaintiffs and the defendant in the said suit are the children of deceased Rappai and Mariam. The plaint schedule property belonged to the deceased Mariam, and the plaintiffs instituted the suit relying on a Will executed by Mariam in the year 1994. It is stated that the mother had earlier filed O.S. No. 148 of 1995 against the defendant for recovery of possession of the plaint schedule property, and she died on 29.01.1998. The plaintiffs contend that the defendant is in possession of the plaint schedule property and that the Will executed in 1994 is the last Will of the mother, but the defendant is not willing to hand over possession of the property to them.

3. The appellant herein contends that he is a disabled person and that his mother was residing with him. According to him, the house and the plaint schedule property were set apart in his favour as per a registered Wi