MERCY JOSEPH Vs. E P DEVASSYKUTTY

JUDGEMENT

(1.) POULOSE and Annamma had four children, namely, Joseph, Devasykutty, Pappachan and Mary. POULOSE had another daughter in his earlier marriage by name Kochuthressia. POULOSE and Annamma are no more. So also Joseph and Pappachan. It seems that Annamma had executed Ext.A1 Will dated 7.3.1991. After the death of Annamma, the plaintiffs, who are the wife and children of late Joseph, one of the sons of Annamma laid a suit for partition. They claimed 1/3rd share over the suit properties. It was asserted in the plaint that Annamma POULOSE was the owner of plaint A, B and D schedule properties and the buildings therein. A claim was made that POULOSE was a kudikidappukaran in respect of D schedule property and late Pappachan purchased the same on behalf of the members of the family after the death of POULOSE.

(2.) THE suit was resisted by some of the defendants. THE first defendant pleaded ignorance about the Will. However, he was willing to accept the Will if it was genuine and claimed 1/3rd share. His only anxiety was that his share may be given to him.

(3.) THE sixth defendant filed a written statement contending that the Will is not genuine. She too claimed her share. However, the fifth defendant remained passive.