ROBERT D SOUZA Vs. MERCINA D SOUZA

JUDGEMENT

(1.) PLAINTIFFS have filed the appeal (RFA No. 561/2011) against the judgment and decree passed by the trial Court decreeing the suit of the plaintiffs in terms of the joint memo filed before the Lok Adalath. Defendants have filed Cross Objections in RFA.CROB NO 32/ 2012.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) PLAINTIFFS filed the suit seeking partition of 'A' and 'B' schedule properties. According to them plaintiff Nos. 1 to 4 are entitled to 2/21 share each and plaintiff No.5 is entitled to get 9/21 share in the plaint 'A' and 'B' schedule properties. 'A' schedule properties are landed properties, whereas 'B' schedule properties are movables. In the body of the plaint they have set out the manner in which the title of the properties were acquired. When the defendants refused to effect a partition, the plaintiffs were constrained to file the suit. Defendant No.1 remained absent. She was placed exparte. During the pendency of the suit she is reported to be dead. Defendant 2 filed a written statement contesting the claim. Defendant No.3 adopted the written statement of the second defendant. The defendants have set up a Will and contend by virtue of the Will the plaintiffs have no right to the property. Defendants are the absolute owners. Therefore, they sought for dismissal of the suit.