CHANDARDASAN Vs. BHARGAVI AMMA

JUDGEMENT

(1.) These appeals are by two sets of Defendants in O.S. 1129 of 1986 before the Sub Court, Thrissur, who suffered a preliminary decree for partition. The parties and facts are hereinafter referred to as they are available before the court below.

(2.) One Ammu alias Kunjiyamma had ten children. They are the first Plaintiff, Defendants 1 to7, late Narayanankutty Menon and late Raghunatha Menon. Kunjiyamma died in 1981. Rugmini, Padmini, Parameswaran had predeceased Kunjiyamma. They diedin 1956. Narayanankutty Menon and Raghunatha Menon died in 1981before the suit. The plaint schedule property consisted of twoitems of property, namely, A and B schedule properties. PlaintA schedule property had three items of property having a total extent of 1.12 acres. Plaint B schedule consisted of four items of properties having a total extent of over 3 and odd acres. The plaint claim was that both the acquisitions were for and on behalf of the tavazhy, of which Kunjiyamma was the senior most female member and the Plaintiffs and the Defendants are entitled to shares in the property. Pointing out that the Plaintiffs did not wish to continue the joint status, they filed the suit for partition they claimed 2/20 shares.

(3.) It appears that during the pendency of the suit, the first Defendant died and Defendant No. 39 was brought on the party array.