KUNJIKUTTIAMMA Vs. KUNJIKUTTIAMMA

JUDGEMENT

(1.) This appeal is directed against the decree and judgment in A. S. No. 46/84 of District Court, Alappuzha, which was filed against the decree and judgment in O. S. No. 62/83 of Additional Munsiff's Court, Cherthala. The plaintiff before the Trial Court is the appellant.

(2.) The plaintiff filed the above suit for partition. According to the plaintiff, the plaint schedule properties belonged to Karthyayani Amma Kunjikutty Amma, the mother of the plaintiff and the first defendant. The second defendant is the son of her predeceased daughter Nandini Amma and the third defendant is the widow and defendants 4 and 5 are the children of her predeceased son Ramachandran Nair. Kunjikutty Amma died on 26.11.1982. On her death the properties devolved on the plaintiff and the defendants. The plaintiff and defendant 1 and 2 are entitled to 1/4 share each and others are entitled to one share jointly.

(3.) The first defendant resisted the suit contending that Kunjikutty Amma gifted the plaint schedule items, except item No. 3 to the first defendant under Ext. B1 gift deed. Item No. 3 was given to the plaintiff. As the first defendant is in possession and enjoyment of plaint schedule items except item No. 3, the suit for partition is not maintainable. The second defendant supporting the plaint claim claimed his share.