PHILIPS ALFRED MALVIN Vs. Y J GONSALVIS

JUDGEMENT

(1.) Plaintiff in a suit for partition is the appellant. Preliminary decree passed in the suit upholding his claim for partition and allotting him a share in the suit property was reversed and the suit was dismissed by the lower Appellate Court in the appeal preferred by the 2nd defendant. Feeling aggrieved, he has preferred this appeal.

(2.) Plaint schedule property admittedly belonged to late George Correa and his wife Jane Correa, who pre - deceased her husband. Plaintiff claimed that he is the adopted child of the abovesaid George Correa and Jane Correa. Defendants 1 and 2 and another viz., Marvin Correa, who is no more, are the natural children of the abovesaid George Correa and Jane Correa. Defendants 3 to 8 are the wife and children of the aforesaid late Marvin Correa. Pending the appeal before the Court below, the 2nd defendant, who alone contested the suit, had passed away and her legal representatives brought in are respondents 9 to 11 in this appeal.

(3.) According to the plaintiff he was adopted by George Correa and Jane Correa on 08/06/1946 at Kannur Holy Trinity Church, and was brought up by them along with their natural children. He being an adopted child, with the natural children he is also a legal heir of Correas, was his case. With the natural children of Correas, he is also entitled to succeed to their estate left behind, the plaint property, and as such, a decree for partition of the property into 4 equal shares and allotting of one such share to him, was applied for in the suit.