MALAI SAVITHRI and SUBITHA M v. VILASINI K. V and others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM MONDAY, THE 15[TH] DAY OF JULY 2024 / 24TH ASHADHA, 1946 RSA NO. 695 OF 2023 ``` ``` AGAINST THE ORDER/JUDGMENT DATED 08.06.2023 IN AS NO.52 OF 2020 OF ADDITIONAL DISTRICT COURT - V, KOZHIKODE ARISING OUT OF THE ORDER/JUDGMENT DATED 05.12.2019 IN OS NO.20 OF 2010 OF SUB COURT, KOZHIKODE ``` ## **`APPELLANTS/PLAINTIFFS:`** |**`1`**|**`MALAI SAVITHRI`**| |---|---| ||**`AGED 67 YEARS`**| ||**`D/O. RAVUNNI @ KUTTAN, RESIDING AT 'SUSHEELA`**| ||**`DAMODAR NIVAS', PALAZHI VILLAGE, IRINGALLUR,`**| ||**`KOZHIKODE TALUK & DISTRICT, PIN - 673001`**| |**`2`**|**`SUBITHA. M`**| ||**`AGED 47 YEARS`**| ||**`D/O. MALAI SAVITHRI, RESIDING AT 'SUSHEELA`**| ||**`DAMODAR NIVAS', PALAZHI VILLAGE, IRINGALLUR,`**| ||**`KOZHIKODE TALUK & DISTRICT, PIN - 673001`**| ||**`BY ADVS.`**| ||**`NIRMAL.S`**| ||**`VEENA HARI`**| ||**`K. REMIYA RAMACHANDRAN`**| ||**`KEERTHY JOHNSON`**| ||**`POOJA JOSE`**| ## **`RESPONDENTS/DEFENDANTS:`** - **`1 VILASINI.K.V AGED 59 YEARS MADATHIL MEETHAL HOUSE, PALAZHI VILLAGE, IRINGALLUR, (PO) IRINGALLUR, KOZHIKODE TALUK, PIN - 673001`** - **`2 SUJAYA AGED 41 YEARS D/O.LATE. SURENDRAN MADATHIL MEETHAL HOUSE, PALAZHI VILLAGE, IRINGALLUR, (PO) IRINGALLUR, KOZHIKODE TALUK, PIN - 673001`** R. S. A. No. 695 of 2023 -2- - **`3 SUMAJA AGED 39 YEARS`** ``` D/O.LATE. SURENDRAN MADATHIL MEETHAL HOUSE, PALAZHI VILLAGE, IRINGALLUR, (PO) IRINGALLUR, KOZHIKODE TALUK, PIN - 673001 ``` - **`4 SUSHAMA AGED 38 YEARS`** - **`D/O.LATE. SURENDRAN MADATHIL MEETHAL HOUSE, PALAZHI VILLAGE, IRINGALLUR, (PO) IRINGALLUR, KOZHIKODE TALUK, PIN - 673001`** - **`5 SARITHKUMAR AGED 37 YEARS D/O.LATE. SURENDRAN MADATHIL MEETHAL HOUSE, PALAZHI VILLAGE, IRINGALLUR, (PO) IRINGALLUR, KOZHIKODE TALUK, PIN - 673001`** - **`6 SARITHA AGED 33 YEARS D/O.LATE. SURENDRAN MADATHIL MEETHAL HOUSE, PALAZHI VILLAGE, IRINGALLUR, (PO) IRINGALLUR, KOZHIKODE TALUK, PIN - 673001`** - **`7 ERAVAKKOTTIL INDIRA AGED 55 YEARS W/O.VELAYUDHAN, H NO. 4/365, MAVOOR AMSOM, KANNIPARAMBA DESOM (PO) KANNIPARAMBA, KOZHIKODE, PIN - 673661`** - **`8 ARAYAKKATT SIVANANDAN AGED 64 YEARS S/O. CHATHUKUTTY , NELLIKODE AMSOM DESOM, KOZHIKODE TALUK, PIN - 673001`** - **`9 NAINAN VALAPPIL MOIDEEN AGED 65 YEARS`** ``` S/O. KOYAMU, PANTHEERANKAVU VILLAGE, PALAZHI DESOM, (PO) GURUVAYURAPPAN COLLEGE, KOZHIKODE, PIN - 673001 ``` - **`10 P. ABDUL KALAM AGED 54 YEARS`** ``` S/O. PULIKKAL USMAN, VALAYANAD AMSOM DESOM (PO) MANKAVU, KOZHIKODE TALUK, PIN - 673001 ``` - **`11 KUTTIKOTHIYA PARAMBIL CHANDRAN AGED 80 YEARS S/O. KANARAN NAIR, PANTHEERANKAVU VILLAGE, PALAZHI DESOM, (PO) GURUVAYOORAPPAN COLLEGE, KOZHIKODE TALUK, PIN – 673001`** - **`12 ABDUL MAJEED.M AGED 47 YEARS`** ``` S/O. MUHAMMED HAJI, MEKKATTAYIL HOUSE, CHELEMBRA AMSOM DESOM, (PO) PULLIPARAMBA, MALAPPURAM, PIN - 673634 ``` R. S. A. No. 695 of 2023 -3- ## **`13 THEKKAYIL HUSSAIN AGED 52 YEARS`** - **`S/O. MAYIN, PANTHEERANKAVU VILLAGE, PALAZHI DESOM, (PO) GURUVAYURAPPAN COLLEGE, KOZHIKODE, PIN - 673001`** - **`14 SHAJI. K. V AGED 48 YEARS`** - **`S/O. K. V. VASU, KARUKANDAN KAVIL, PANTHEERANKAVU VILLAGE, PALAZHI DESOM, (PO) GURUVAYURAPPAN COLLEGE, KOZHIKODE TALUK, PIN - 673001`** - **`15 CHETTIYAMTHODI RAMLA AGED 47 YEARS`** - **`D/O MUHAMMED, NADUKAKKANDY HOUSE, VALAYANAD AMSOM DESOM, (PO) KOMMERI, KOZHIKODE TALUK, PIN - 673001`** - **`16 K.P. ABDUL SALAM AGED 53 YEARS`** - **`S/O. HUSSAIN HAJI, PANTHEERANKAVU AMSOM , PALAZHI DESOM, (PO) G. A COLLEGE, KOZHIKODE, PIN - 673001`** - **`17 V. P. RADHAKRISHNAN AGED 68 YEARS`** - **`S/O. GOPALAN VYDIAR, NIDHIN'S, VADAKKEDATH, NELLIKKODE AMSOM, KOVOOR DESOM, (PO) MEDICAL COLLEGE, KOZHIKODE TALUK, PIN - 673001`** - **`18 METHALERI ASHIQ AGED 45 YEARS`** - **`S/O. AHAMMEDKUTTY, KIZHAKKEDATH PARAMBA, NALLALAM AMSOM AND DESOM, (PO) NALLALAM, KOZHIKODE TALUK, PIN - 673001`** - **`19 METHALERI NAUFAL AGED 42 YEARS KIZHAKKEDATH PARAMBA, NALLALAM AMSOM AND DESOM, (PO) NALLALAM, KOZHIKODE TALUK, PIN - 673001`** - **`20 K.T. KOYAKUTTY AGED 46 YEARS`** - **`S/O. MOYINKUTTY, KALATHUMTHODI HOUSE, NELLIKODE (PO), NELLIKODE AMSOM AND DESOM, KOZHIKODE TALUK, PIN - 673001`** - **`21 POTTAMMAL ABOOBACKER AGED 65 YEARS`** ``` S/O. MAMMEDKOYA, KAKKADUKUNNU, NELLIKODE AMSOM, KOVOOR DESOM, (PO MEDICAL COLLEGE, KOZHIKODE TALUK, PIN – 673001 ``` ``` 22ABDUL LATHEEF MUSALIAR VAKATH HOUSE,PALAZHI VILLAGE (PO), GURUVAYURAPPAN COLLEGE, KOZHIKODE TALUK, PIN - 673001 ``` R. S. A. No. 695 of 2023 -4- ## **`23 SEENATH`** - **`NALUKUDI PARAMBIL HOUSE, KAKKADUKUNNU, NELLIKODE VILLAGE, (PO) MEDICAL COLLEGE, KOZHIKODE TALUK, PIN - 673001`** - **`24 C. MURUKESAN CHELOOR, KAKKADUKUNNU, NELLIKODE VILLAGE, (PO) MEDICAL COLLEGE, KOZHIKODE TALUK, PIN - 673001`** - **`25 KOLERI SANTHOSHKUMAR AGED 56 YEARS`** - **`S/O. KOLERI MADHAVAN, KAIPRATH, PANTHEERANKAVU AMSOM,PALAZHI DESOM, (PO) GURUVAYURAPPAN COLLEGE, KOZHIKODE TALUK, PIN - 673014`** - **`26 V.T. SUNDAR RAJ S/O. VELAYUDHAN, VALAPPIL THANNIKUNNATH, PANNIYANKARA AMSOM AND DESOM, (PO) KALLAIL, KOZHIKODE TALUK, PIN - 673001`** - **`27 PRASANNAKUMAR`** - **`S/O. MANATHANATH UNNEERI, PUSHPA VILLA, KACHERI AMSOM AND DESOM, KOZHIKODE TALUK, PIN - 673001`** - **`28 V. MUHAMMED BASHEER ULLATTIL, (PO) NELLIKODE, NELLIKODE AMSOM AND DESOM, KOZHIKODE TALUK, PIN - 673001`** - **`29 NAUSHEER AHAMMED UTTAKKAL`** - **`S/O. AHAMMED MANNILTHODI, PARAMBATH, KOODALI VILLAGE, KOODAL (PO), THALASSERI, KANNUR, PIN - 670592`** - **`30 THE SECRETARY, IRINGALLUR PALAZHI SERVICE COOPERATIVE BANK LIMITED PANTHEERANKAVU VILLAGE, PALAZHI DESOM, (PO) GURUVAYURAPPAN COLLEGE, KOZHIKODE TALUK, PIN - 673014`** - **`31 HARRIS. K.P AGED 43 YEARS`** - **`S/O. ABDURAHIMAN, ABIDA MANZIL, MANNAMPILAKKIL OLAVANNA AMSOM AND DESOM, KOZHIKODE, PIN - 673014`** - **`32 ABDUL LATHEEF AGED 61 YEARS`** - **`S/O. IMBICHI KOYA, KAPPATT MACHINTHAZHATH, KOONAMBALATH MEETHAL, PANTHEERANKAVU AMSOM, PALAZHI DESOM, KOZHIKODE TALUK, PIN - 673001`** - **`33 SULFIKAR ALI. C.K AGED 50 YEARS`** - **`S/O. AHAMMEDKOYA, KOONAMBALATH MEETHAL, PANTHEERANKAVU AMSOM, PALAZHI DESOM, KOZHIKODE TALUK, PIN – 673001`** R. S. A. No. 695 of 2023 -5- ## **`34 VELAYUDHAN, AGED 78 YEARS`** ``` S/O. MANIKKAM AMMA, VALIYEDATHPOYIL, VALAYANAD AMSOM, KOMMERI DESOM (PO) KOMMERI, KOZHIKODE, PIN - 673007 ``` - **`35 E. NEJILA AGED 46 YEARS`** ``` W/O. SARAFUDHEEN, CHERUMANANTHALA HOUSE, VALAYANAD AMSOM, KOMMERI DESOM, (PO) KOMMERI, KOZHIKODE, PIN - 673007 ``` - **`36 K.M. SUDHEENDRAN AGED 45 YEARS`** - **`S/O. KOLATHAYI KRISHNA KURUP, GEETHALAYAM, OLAANNA VILLEGE, IRINGALLUR DESOM (PO) GURUVAYURAPPAN COLLEGE, KOZHIKODE, PIN - 673014`** - **`37 M.P. SHARAFUDHIN AGED 43 YEARS`** - **`S/O. M.P. USMAN HAJI, 1/98 ADIYODI PURAYIL, (PO) G.A COLLEGE, KOZHIKODE, PIN - 673014`** - **`38 M. M. RAMANKUTTY AGED 56 YEARS`** - **`S/O. APPUTTY, MUPPANA MEETHAL, IRINGALLUR AMSOM AND DESOM (PO) G.A. COLLEGE, KOZHIKODE, PIN - 673014`** - **`39 ASHITHA. C AGED 39 YEARS`** - **`D/O. PALIMANNIL ALI, NIRMAL BHAVAN, (PO) CHELAVOOR, CHELAVOOR AMSOM AND DESOM KOZHIKODE, PIN - 673571`** - **`40 POOTHAM VEEDU SUHARABI AGED 67 YEARS`** - **`W/O. MUHAMMED KOYA (PO) KALLAI, PANNIYANDARA AMSOM AND DESOM, KOZHIKODE, PIN - 673003`** - **`41 C.P. ABDUL GAFOOR AGED 47 YEARS`** - **`S/O. MOIDEEN KOYA, CHERUPARAMBATH (PO) NELLIKODE, NELLIKODE AMSOM AND DESOM, KOZHIKODE, PIN - 673016`** ## **`42 PILAKKAL SHAUKKATHALI AGED 65 YEARS`** ``` S/O. CHEKUTTY, (PO) GURUVAYURAPPAN COLLEGE, KOLETHOTTU THOKI, VALAYANAD AMSOM AND DESOM, KOZHIKODE, PIN – 673014 ``` R. S. A. No. 695 of 2023 -6- - **`43 SHAMEER. K. P AGED 43 YEARS`** - **`S/O. ALIKOYA, KINATTINKARA PARAMBATH, (PO) GURUVAYURAPPAN COLLEGE, PANTHEERANKAVU AMSOM, PALAZHI DESOM, KOZHIKODE, PIN - 673014`** - **`44 SHABEER. K. P AGED 41 YEARS`** - **`S/O. ALIKOYA, KINATTINKARA PARAMBATH, GURUVAYURAPPAN COLLEGE P.O., PANTHEERANKAVU AMSOM, PALAZHI DESOM, KOZHIKODE, PIN - 673014`** - **`45 MUHAMMED BASHEER. C. P AGED 37 YEARS`** - **`S/O. CHERIYERI POYIL MUHAMMED, CHOORAKKATTU HOUSE, REC, (PO) MALAYAMMA DESOM, KOZHIKODE TALUK, PIN - 673001`** - **`46 P.K. MURALI AGED 54 YEARS S/O. PAIKATTU KAVIL VELAYUDHAN, 28/1604, CHERUKARA MEETHAL, (PO) NELLIKODE, NELLIKODE AMSOM DESOM, KOZHIKODE, PIN - 673016`** - **`47 THE SECRETARY, THE CHEVAYOOR SERVICE CO-OPERATIVE BANK LTD`** - **`NO. F1245, (PO) CHEVARAMBALAM, KOZHIKODE TALUK, PIN - 673001`** - **`48 MUHAMMED SHAREEF AGED 40 YEARS`** - **`S/O. ABOOBACKER, (PO) S/O. ALIKOYA, KINATTINKARA PARAMBATH, GURUVAYURAPPAN COLLEGE P.O., PANTHEERANKAVU AMSOM, PALAZHI DESOM, KOZHIKODE. COLLEGE, PANTHEERANKAVU AMSOM, PALAZHI DESOM, KOZHIKODE, PIN - 673014`** - **`49 SANTHOSH. K AGED 53 YEARS S/O. KRISHNAN, KADASSERY HOUSE, KARAPARAMBA, JANATHA ROAD, KARUVISSERI P.O., VENGERI VILLAGE, KOZHIKODE, PIN - 673010`** - **`50 FAISAL. K AGED 49 YEARS S/O. MUHAMMED, ROSE VILLA, KARAKKANCHERI PARAMBA, MATHOTTAM (PO) ARAKKINAR, KOZHIKODE, PIN - 673028`** - **`51 C. AFEELA AGED 38 YEARS W/O. FAISAL. K, ROSE VILLA, KARAKKANCHERI PARAMBA, MATHOTTAM (PO) ARAKKINAR, KOZHIKODE, PIN - 673028`** - **`52 ABDUL JALEEL. M AGED 40 YEARS S/O. ADAM, MANGATT HOUSE, PANTHEERANKAVU VILLAGE,`** R. S. A. No. 695 of 2023 -7- ``` PALAZHI DESOM, (PO) S/O. ALIKOYA, KINATTINKARA PARAMBATH, GURUVAYURAPPAN COLLEGE P.O., PANTHEERANKAVU AMSOM, PALAZHI DESOM, KOZHIKODE COLLEGE, KOZHIKODE, PIN - 673014 ``` ## **`53 KOTTAPPURATH BABURAJAN AGED 58 YEARS`** - **`S/O. ACHUTHAN, MELEDATH HOUSE, PANTHEERANKAVU VILLAGE, PALAZHI DESOM, (PO) S/O. ALIKOYA, KINATTINKARA PARAMBATH, GURUVAYURAPPAN COLLEGE P.O., PANTHEERANKAVU AMSOM, PALAZHI DESOM, KOZHIKODE COLLEGE, KOZHIKODE, PIN - 673014`** - **`54 UNNEERIKUTTY AGED 89 YEARS`** ``` S/O. LATE. CHIRUKANDATH @ KRISHNAN, VADAYA CHALIL HOUSE, PANTHEERANKAVU AMSOM, PALAZHI DESOM, KOZHIKODE TALUK, PIN - 673001 ``` - **`55 RAJEEV AGED 61 YEARS S/O. UNNEERIKUTTY, VADAYA CHALIL HOUSE, PANTHEERANKAVU AMSOM, PALAZHI DESOM, KOZHIKODE TALUK, PIN - 673001`** - **`56 SAJEEV AGED 59 YEARS`** ``` S/O. UNNEERIKUTTY, VADAYA CHALIL HOUSE, PANTHEERANKAVU AMSOM, PALAZHI DESOM, KOZHIKODE TALUK, PIN - 673001 ``` - **`57 PRADEEP AGED 57 YEARS`** ``` S/O. UNNEERIKUTTY, VADAYA CHALIL HOUSE, PANTHEERANKAVU AMSOM, PALAZHI DESOM, KOZHIKODE TALUK, PIN - 673001 ``` - **`58 SUDEEB AGED 55 YEARS S/O. UNNEERIKUTTY, VADAYA CHALIL HOUSE, PANTHEERANKAVU AMSOM, PALAZHI DESOM, KOZHIKODE TALUK, PIN - 673001`** - **`59 ROOPA AGED 53 YEARS D/OUNNEERIKUTTY, VADAYA CHALIL HOUSE, PANTHEERANKAVU AMSOM, PALAZHI DESOM, KOZHIKODE TALUK, PIN - 673001`** ``` 60LALITHA AGED 79 YEARS W/O UNNEERIKUTTY, VADAYA CHALIL HOUSE, PANTHEERANKAVU AMSOM, PALAZHI DESOM, KOZHIKODE TALUK., PIN - 673001 ``` R. S. A. No. 695 of 2023 -8- ``` THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 15.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` R. S. A. No. 695 of 2023 -9- ## **J U D G M E N T** Dated this the 15[th] day of July, 2024 The appellants are the plaintiffs in a suit for partition, for cancellation of Ext. B2 Partition Deed and for permanent prohibitory injunction against the defendants from committing waste and alienation. 2. The case of the plaintiffs is that they belong to the Hindu Thiyya Community of Calicut governed by Mithakshara law; that Plaint Schedule Item Nos 2 and 3 properties along with other properties were originally belonged to Kelachanveedu Tharavad headed by Chirukandan; that on his death, the existing members made a family Settlement as per Document No.226/1929 of SRO Chevayur; that even though such a document was executed the members continued their jointness and unity as one family and the properties were never separated by metes and bounds; that when time elapsed what remained in the Tharavad was three Thavazhies headed by Unneeri@ Madhavan, Chirukandan @ Krishnan and Ravunni @ Kuttan; that three Thavazhies were R. S. A. No. 695 of 2023 -10- holding separate proprieties for their families; that Plaint Schedule Item Nos. 1 and 2 were held by the Joint Family headed by Ravunni @ Kuttan; that Ravunni@ Kuttan was managing the joint family properties as the Karanavan and he was taking all improvements from the properties; that Ravunni @ Kuttan purchased the Plaint Schedule Item Nos. 3 to 6 out of the joint family funds; that on the abolition of joint family, Ravunni @ Kuttan, his son Surendran, his daughter Savithri (First plaintiff), Savithri’s daughter Subitha (Second plaintiff) became co-owners of the joint family property, each one of them having ¼ share; that on the death of Surendran his right devolved upon his wife and children who are defendants 1 to 6; that on the death of Ravunni @ Kuttan his share devolved upon the 1[st] plaintiff and the defendants 1 to 6 who are legal heirs of son of Ravunni @ Kuttan; that the plaintiffs sent a Lawyer Notice demanding partition of the properties; that the defendants sent a Reply refusing partition alleging that the properties are self acquired properties of Ravunni @ Kuttan and his wife Kunhipennu; that as per Settlement Deeds Nos. 972/1995 and 3188/1995 of SRO Chevayur, Ravunni @ R. S. A. No. 695 of 2023 -11- Kuttan had gifted his 1/3 right in the Plaint Schedule Item Nos. 1 and 2 properties to his grandson Sajith Kumar (5[th] defendant); that the first plaintiff is party to Partition Deed No. 3221/1999 of SRO Chevayur (Ext. B2); that Ravunni @ Kuttan and his wife Kunhipennu had executed a registered will (Ext. B4). The Plaintiff further contended that even if Settlement Deeds Nos. 972/1995 and 3188/1995 of SRO Chevayur (Exts. B5 and B6) are executed, those were not acted upon and not binding on the plaintiffs and their rights over the plaint schedule properties; that the first plaintiff is totally unaware of the Partition Deed No. 3221/1999 of SRO Chevayur and she never executed it and that the plaint schedule properties are still under the co ownership of the plaintiffs and the defendants; and that that plaintiffs are entitled to get ¼ share each. 3. The Defendants 1 to 6 are the children and the deceased brother of the 1[st] plaintiff Surendran. The other defendants are assignees of the plaint schedule properties. 4. The defendants 1 to 6 filed Written Statement opposing R. S. A. No. 695 of 2023 -12- suit claim contending that the Plaint Schedule Item Nos. 1 and 2 properties were partitioned by the co owners of the said property as per Ext. B2 document in which the 1[st] plaintiff is also a signatory; that the Plaint Schedule Item Nos. 3 to 6 are the selfacquired properties of the father and mother of the 1[st] plaintiff and the deceased Surendran who is the father of defendants 1 to 6; that as per Ext. B4 will, they bequeathed the Plaint Schedule Item Nos. 3 to 6 in favour of their children and the 1[st] plaintiff also allotted 35 cents in Plaint Schedule Item No. 4 and half share in Plaint Schedule Item No. 3 as per the said will. 5. The Trial Court as well as the Appellate Court found that the plaintiffs did not adduce any evidence in support of their challenge against Ext. B2 Partition deed. It is found that the challenge against Ext. B2 Partition deed is time-barred. The Trial Court as well as the Appellate Court found that the plaintiffs are not coparceners to claim the properties. The Trial Court as well as the Appellate Court found that the properties 3 to 6 are the selfacquired properties of late Sri. Ravunni and his wife and not a R. S. A. No. 695 of 2023 -13- joint family property and hence Ext. B4 Will executed by them is valid. The Trial Court decreed the suit partly allowing partition in accordance with Exts. B2 and B4 documents. The 1[st] appellate court dismissed the appeal confirming the trial court decree. 6. I heard the counsel for the appellants. 7. The counsel for the appellants submitted that though the plaintiffs did not adduce any oral evidence, the Courts have illegally shifted the burden on the plaintiffs to prove that the Plaint Schedule Properties are joint family properties. Counsel for the appellants contended that in view of the decision in **D. S. Lakshmaiah & Anr. v. L. Balasubramanyam & Anr [2003 KHC 1699]** , the onus would shift on the person who claims it to be self-acquired property to prove that the property is purchased with his own funds and not out of joint family nucleus available. According to her, the defendants have not adduced any evidence to prove that the Plaint Schedule Item Nos. 3 to 6 are the selfacquired properties of late Sri. Ravunni and his wife. But the said decision is clearly distinguishable on the facts of this case, as there R. S. A. No. 695 of 2023 -14- is ample evidence to prove that the Plaint Schedule Item Nos. 3 to 6 are not joint family properties. 8. It is seen that the Plaint Schedule Item Nos. 3 to 6 are not included in Ext. B2 Partition Deed which is signed by the 1[st] plaintiff. It indicates that the 1[st] plaintiff also accepted that the properties included therein are the only properties available for partition and that the Plaint Schedule Item Nos. 3 to 6 are treated as the self-acquired properties of Sri. Ravunni and his wife. Though the 1[st] plaintiff alleged that she is not aware of Ext. B2 and that she did not execute Ext. B2, she did not adduce any evidence in support of the same. Both the Courts have found that Sri. Ravunni and his wife had employment for mobilizing funds for purchasing these properties. That apart, as per Ext. B4 Will executed by Sri. Ravunni and his wife in which the 1[st] plaintiff is also given a share of the property. In view of the concurrent findings entered by the Trial court as well as the Appellate Court, I do not find any reason to interfere in the judgment. The questions of law framed in the Memorandum R. S. A. No. 695 of 2023 -15- Appeal do not arise in the matter. The Regular Second Appeal is accordingly dismissed. **Sd/M. A. ABDUL HAKHIM JUDGE** Eb