JUDGMENT

The petitioner is the first defendant in O.S.No.178 of 2005 on the file of the Court of the Munsiff of Attingal. The respondents are the legal heirs of the plaintiff therein. The suit instituted by the predecessor-in-interest of the respondents is one for partition of the plaint schedule property into five equal shares and allotment of one such share to her. The petitioner and her three children who were joined as defendants 1 to 4 in the suit entered appearance and filed a written statement resisting the suit. They contended that the plaint schedule property is not partible, that late Ashokan who is none other than the son of the plaintiff had purchased the plaint schedule property after selling 35 sovereigns of gold ornaments belonging to the first defendant and therefore, the plaint schedule property is not available for partition.

2. In the trial court, the power of attorney of the plaintiff was examined as PW-1 and Exts.A1 to A4 were marked. On the side of the defendants, the first defendant was examined as DW-1 and two of her near relations were examined as DW-2 and DW-3 and Exts.B1 and B2 were marked. The trial court after considering the rival contentions held that