AMMALUKUTTY Vs. GOKULDAS

JUDGEMENT

(1.) The plaintiff in O.S.No.157/2011 on the file of Sub Court, Ottappalam, is the appellant. Her suit for partition and declaration that Ext.A1 release deed dated 9.1.2008 is void, was dismissed by the court below. Being aggrieved by the dismissal, she filed this appeal.

(2.) She claims to be a co-owner with the second defendant who is the niece of her deceased husband, Sankara Pillai. The spouses after marriage did not have any child and therefore, they fostered second defendant who was the daughter of Sankara Pillai's brother. In 1992, plaint schedule property of 18 cents with a house was purchased in the joint names of plaintiff, her husband and the second defendant. After Sankara Pillai died in 2007, the plaintiff became the co-owner holding two-third share in the plaint property.

(3.) Plaintiff was looking after the second defendant and she claims to have conducted second defendant's marriage with the first defendant spending her funds. After she became a widow, there was nobody to look after her. She therefore requested the defendants to join her and stay in the house and property in which the second respondent was having one-third share. She even offered to bequeath her undivided share and instructed the defendants to arrange for execution of a Will deed in their joint names.