KOMALAVALLI AMMA Vs. AMBIKADEVI

JUDGEMENT

(1.) The legal representatives of the plaintiff in O. S. No. 384/83 on the file of the Sub Court, Palakkad are the appellants.

(2.) The suit was one for partition. The plaint A schedule properties consisting of 90 cents of land in Survey No. 95/7 (R. S. No. 1/7) and 14 cents of land in Survey No. 95/6 (R. S. No. IF / 6) belonged in jenm to Nanikutty Amma. She had 4 sons and one daughter. The plaintiff was one of the sons. First defendant was the only daughter and the second defendant was another son. Defendants 3 to 6 were the legal representatives of the eldest son Prabhakara Menon, who died before the institution of the suit. Another son Sivadas also died young, much before the suit. The children of the first defendant were subsequently impleaded as defendants 7 to 11 in the suit. The plaintiff claimed that the plaint A schedule immovable properties and B Schedule movables belonged to Nanikutty Amma exclusively. She died in 1963 leaving behind the plaintiff and defendants 1 to 6 as her legal representatives. He had claimed 1/4 share in the plaint schedule properties and conceded a share each for the first and second defendants, and defendants 3 to 6 together. Plaintiff's claim was supported by defendants 2 to 6. But, it was contested by the first defendant and her children defendants 7 to 11 who were supplementally impleaded. Defendants 1 and 7 to 11 contended that it was thavazhi property and defendants 7 to 11 were also entitled to a share each on per capita division.

(3.) Before the Trial Court, the plaintiff was examined as PW. 1 and the first defendant as DW. 1. Exts. A1 to A9 documents were also marked. On a consideration of the evidence and the authorities, the learned Sub Judge held that plaint schedule properties were thavazhi properties and granted a decree for partition of a 1/9th share in favour of the plaintiff. Since the original plaintiff died after the decision, his legal representatives have filed this appeal.