P NARAYANA SWAMI Vs. K NARAYANAN NAIR

JUDGEMENT

(1.) Defendants 2 and 8 in O.S.12 of 1993 before the Sub Court, Quilandy, whose claim for exclusive right to item Nos. 1 and 5 of the plaint schedule property was declined by the court below, are the Appellants. The parties and facts are hereinafter referred to as they are available before the court below.

(2.) The suit was one for partition of 5 items of properties, over which the Plaintiffs claimed 1/3rd share. According to the Plaintiffs,the plaint schedule properties belonged to Raman Nair, who bequeathed it to Krishnana Nair and Defendants 1 and 2 as per Ext.A1 will dated 24.6.1936. On the death of Krishnan Nair, according to the Plaintiffs, the right devolved on them as per a Will executed by Krishnan Nair marked as Ext.A4 dated 20.1.1987. Various transactions with regard to the properties are made mention of in the plaint and ultimately it is claimed that the plaint schedule properties may be partitioned into three equal shares and one such share may be allotted to the Plaintiffs along with past and future mesne profits.

(3.) The first Defendant supported the Plaintiffs. The second Defendant resisted the suit on the ground that item No. 5 belonged exclusively to him and item No. 1 to the eighth Defendant. He prayed that these items are therefore not available for partition.