RUGMINI AMMA Vs. BHARGAVI KOVIL

JUDGEMENT

(1.) THE appeal A.S. No. 591 of 1993 is filed by the defendants 3 and 4 questioning the preliminary decree passed on O.S. No. 21 of 1984 on the file of the Subordinate Judge of Tirur. Questioning the same judgment, defendants 5, 6 and 7 have filed cross objection in this appeal. Defendants 1 and 2 in O.S. No. 23 of 1984 on the file of the same Subordinate Judge have filed A.S. No. 590 of 1993 questioning the judgment, in the same suit, defendants 3 to 24 have filed A.S. No. 212 of 1994. The plaintiffs in that suit have filed the appeal A.S. No. 652 of 1993 questioning the value of improvements fixed thereon. The plaintiffs in O.S. No. 81 of 1987 on the file of the same Court have filed A.S. No. 931 of 1997.

(2.) O .S. No. 21 of 1984 was filed by one Karunakara Menon for partition as legal representative of his wife Karthiayani Amma. The supplemental plaintiffs 2 to 5 were brought on record on the strength of Ext. A24 assigned deed dated 27.9.1985 executed by Karunakara Menon. In that suit, a preliminary decree for partition was passed. O.S. No. 23 of 1984 was filed by the same Karunakara Menon for recovery of possession of the property as legal representative of his wife. The supplemental plaintiffs 2 to 5 were then impleaded on the strength of Ext. A24. This suit was decreed. O.S. No. 81 of 1987 was filed by one Ramachandran Nair and others for injunction and recovery of possession of the suit property on the strength of title. That suit was dismissed.

(3.) THE relevant facts and the contentions of the parties which are necessary for disposal of the appeal suits can be briefly narrated hereunder. One Narayani Amma had seven children, viz. Damodaran Nair, Sivaramakrishnan, M.G. Nair, Ramachandran Nair, Rugmini Amma, Karthiayani Amma and Parukutty Amma. M.G. Nair died prior to the execution of Ext. B1 partition, leaving his wife and three children. Kamalakshy Amma is the daughter of the above said Parukutty Amma. Kamalakshy Amma had two children, Ramadevi and Raghuraman. Ramadevi died after the execution of Ext. B1 partition deed. Kamalakshi Amma gave birth to one Shilaja in the year 1961, that is after Ext. B1 partition.