JACOB MAMPILLY Vs. SISILY MATHEW

JUDGEMENT

(1.) CHALLENGE in the second appeal is to refusal of the courts below to grant reservation in favour of the appellant/defendant as regards the residential building in the suit property.

(2.) RESPONDENTS and the deceased wife of appellant are daughters of the late Veronica who owned the suit property and died intestate on 19.09.2002. It is admitted that on the death of Veronica, the suit property devolved on respondents and the deceased wife of appellant. The wife of appellant died on 24.07.2005. RESPONDENTS and the deceased wife of appellant had equal shares in the suit property. On death of wife of appellant, respondents together got 10/12 shares while the remaining 2/12 shares went to the appellant. Hence the suit for partition.

(3.) LEARNED counsel submits that appellant has invested substantial amount for reconstruction of the building in the suit property and that he being a widower, has no other place to stay and respondents are married and settled, the building be allotted to the share of appellant.