Aggrieved by the concurrent findings and the

preliminary decree for partition granted by the

Trial Court (Munsiff's Court, Kayamkulam) in

O.S.No.48/2010

and

the

First

Appellate

Court(Addl.District Judge-II, Mavelikara) in A.S.No.

68/2012, the defendants 1 and 2 came up with this

appeal.

2. It is a suit for partition of the property

by the widow of one Velayudhan Pillai, the son of

one Pappiamma. She was having two other children by

name Balakrishnan Pillai and Kesava Pillai.

Admittedly,

all

these

three

sons

were

pre-deceased Pappiamma, who died on 15/03/2009.

Kesava Pillai died intestate, unmarried and

issueless. The plaintiff is the widow of Velayudhan

Pillai. The first defendant is the widow of

Balakrishnan Pillai and second defendant is the son.

The property was obtained by Pappiamma under EXt.A1

partition deed. The specific case advanced by the

defendant is that though the property was allotted

RSA.No. 1351 of 2013 3

to the share of Pappiamma under Ext.A1 document, it

was really allotted to the Thavazhi of Pappiamma.

As such Velayudhan Pillai, Balakrishnan Pillai and

Kesava Pillai, three sons of Pappiamma obtained

right over the property by birth. It w