MUKUNDAN MENON Vs. MURALEEDHARAN K.

JUDGEMENT

(1.) The plaintiffs in O.S.No.39/2014 on the files of the court of the Sub Judge, Kochi are the appellants in this appeal.

(2.) Constitutively, it is the case of the appellants that their brother Sri.Raveendran has been missing from the year 1980 and that he has not been heard of ever since. According to them, therefore, under the provisions of Sections 107 and 108 of the Indian Evidence Act, he must be deemed to be no more and therefore that his property is liable to be partitioned among themselves and defendant, who are his siblings. They assert that Sri.Raveendran was not married at the time when he went missing in the year 1980 and therefore, that the plaintiffs and the defendant are his only legal heirs, entitled to inherit his property, namely, the plaint schedule property, having an extent of 15 ares and 17.5 sq.mtrs.

(3.) I have heard Smt.Jeena Joseph, learned counsel appearing for the appellants and Smt.Ligey Antony, learned counsel appearing for the respondent/defendant.