SUMATHY Vs. KALYANI

JUDGEMENT

(1.) Plaintiffs' suit for partition claiming /6th share each in plaint schedule items was dismissed by the Sub Judge, Thrissur on 31.03.2011. Challenging the dismissal, this appeal is preferred by the plaintiffs.

(2.) The plaint items belonged to Sri.Kittunni, who passed away on 28.06.2005 while he was 83 years. The appellants are the three daughters of his. Defendants 2 and 3 are his two sons. According to the appellants, the children of deceased Kittunni along with his widow, the first defendant inherited Sri.Kittunni and was entitled to 1/6th share each in the plaint items. Suit was allegedly filed when the third defendant, who is contesting party refused to accede to claim for partition. Appellants claimed share of mesne profits also in the suit.

(3.) The second defendant remained ex parte. The first defendant, mother joined the third respondent. She later died during the pendency of this appeal and her legal representatives were recorded.