PENATHIL MAROLI RADHA Vs. VASHAYIL UKKANDAN RADHA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the kerala High Court wherein in the second appeal the learned Single Judge reversed the concurrent findings of the trial court and the lower appellate court who had decreed the suit for partition filed by the appellant herein.

(2.) Briefly stated the facts are that on 30-6-1973, Appellant 1, Appellant 2 being her daughter, is alleged to have married one V. Ramakrishnan. On that day, prior to marriage, a marriage agreement is stated to have been executed by the parties which was duly witnessed and then registered with the Sub-Registrar. This was followed by a marriage ceremony, according to customary rites, which took place in Appellant 1's house. Out of this wedlock Appellant 2 was born on 9-5-1974.

(3.) Ramakrishnan died on 7-2-1978. Thereafter the appellants herein filed original Suit No. 18 of 1986 seeking partition of the immovable property and sought a separate possession of 2/15th share of the said property. According to the plaint Ramakrishnan had a share in the property along with his mother and the respondents herein namely two sisters and a brother. On the death of Ramakrishnan, l/3rd of his share would be inherited by his mother and 2/3rds of his share was inherited by the appellants herein. On this basis the appellants claimed 2/15th share in the said property. It may however be mentioned that prior to the filing of the suit the mother of ramakrishnan had died and her share is stated to have gone to the respondents and no claim was made by the appellants in the mother's share.