SMITHA K.S. Vs. DEVAKI

JUDGEMENT

(1.) Whether the right vested with the first defendant under Ext.A5 Will is a life interest or absolute right, is the short question for determination in the appeal. The suit is one for a declaration that, the defendants have no right to create documents in respect of the plaint schedule properties in denial of the rights of the plaintiffs, and for prohibitory injunction against alienation. The suit was dismissed by the trial court. The decree was confirmed in appeal. Challenging the decree, the plaintiffs are in second appeal.

(2.) The first defendant is the wife of late Chozhy @ Vasu who was the original owner of the plaint schedule properties. They had two sons - Gangadharan and Manikantan, and a daughter who is the second defendant in the suit. Manikantan is no more. The plaintiffs are the wife and children of Manikantan. The rights of Gangadharan is not in issue in the suit and he is not a party.

(3.) Schedule-I to the plaint consists of two items; item No.1 having an extent of 15 cents and item No.2 having an extent of 48 cents. Schedule-II is 33 cents.