PAUL VARGHESE Vs. C.C.ANNIE

JUDGEMENT

(1.) Plaintiff's suit for partition and share profits was decreed declaring her 1 /10 share in some of the plaint schedule properties, rejecting appellants' plea disputing partibility of the suit items. The contention that plaintiff and others had already released their rights in respect of suit items by Ext.A3, registered release deed dated 05.12.1987 was refused to be accepted by the court below.

(2.) Being aggrieved by the preliminary decree dated 28.06.2008 in O.S.No.873/1999 passed by the Principal Sub Court, Thrissur, defendant Nos.1 to 5, have preferred this appeal.

(3.) The suit properties are item Nos.1 to 27 situated in different survey numbers and villages. Plaintiff and defendant Nos.2 to 5 are the children of 'Cheru'. First defendant is the sole offspring of Cheru's brother, Vareed Alias Varghese. Plaint schedule properties originally belonged to father of these two brothers and following his death, the suit items devolved by succession on the brothers as well as their two sisters. The sisters relinquished their undivided interests in favour of the brothers and they became joint owners of the property in equal shares. This is not a disputed fact. After the death of Cheru and his wife, plaintiff and defendant Nos.2 to 5 held half share of property owned by their father as co-owners and likewise, the first defendant also after death of his father, Varghese became the owner of remainder half share.