NARAYANAN KRISHNAN, PLAVILAKATHU VEEDU, VENPALAVATTOM DESOM, ANAYARA VILLAGE TRIVANDRUM TALUK AND ORS. Vs. L. KRISHNAMMA, R/A, AT AJITH BHAVAN, PALLICHAL DESOM, PALLICHAL VILLAGE AND ORS.

JUDGEMENT

(1.) PLAINTIFFS in O.S.No.576/1996 of the IInd Additional Sub Court, Thiruvananthapuram who obtained a preliminary decree of partition but, lost it in A.S.No.219/2001 of the IIIrd Additional District Court, Thiruvananthapuram are the appellants before me. Plaintiffs claimed that they are the children of Dakshayani, daughter of Sivani, who is the daughter of Nachi perumal (Nachi Bhagawathy) of Valiyavilakom Tharwad and that respondents/defendants are the children of Lakshmikutty, daughter of Kali, a sister of Sivani. They claimed partition of the suit properties contending that in Ext.A1, partition deed, the said properties are allotted to the Valiyavilakom Tharwad.

(2.) RESPONDENTS /defendants denied that Sivani is the daughter of Nachiperumal. They also contended that properties are not available for partition.

(3.) IT is contended by the learned counsel for plaintiffs that Exts.A1 and A2 would show that parties belonged to the same Tharwad. It is also contended that there is no reason why Ext.A1 would not have been acted upon to show that Sivani is the daughter of Nachiperumal.