DEVAKI AMMA Vs. RAGHAVAN UNNITHAN

JUDGEMENT

(1.) THE 1st defendant in O. S. No. 3 of 1123 of the district Court of Mavelikara is the appellant before us. THE suit was by the 1st respondent for the partition of the assets of one Krishna Pillai who died, according to the finding of the court below, on 12-1-1104.

(2.) THE claim which has been decreed was for a three-fourth share in the assets of Krishna Pillai on the basis of Ext. A, a will alleged to have been executed by him on 9-1-1104. According to the 1st defendant the will was a fabrication and the whole of the properties devolved on her as per the direction in Para. 9 of Ext. 1, the plaint of Krishna Pillai dated 8-1-1104 in pursuance of which the items concerned were allotted to his share in family partition.

(3.) AFTER the death of Krishna Pillai the 1st respondent and the appellant got themselves impleaded as additional plaintiffs 2 and 3 in that suit. The appellant was a minor at that time and the 1st respondent acted as per guardian, apparently in conformity with the provision to that effect in ext. A. The suit ended in a decree in favour of Krishna Pillai, and by Ext. M dated 14-8-1120 the possession of Krishna Pillai's share was handed over to the 1st respondent on his own behalf and on behalf of the appellant.