BINU Vs. VALSALA

JUDGEMENT

(1.) This appeal has been directed against the judgment and decree in A.S.No.51/2020 on the file of Principal Subordinate Judge's Court, Irinjalakuda, which arise out of O.S.No.1284/2018 on the file of Additional Musniff Court, Irinjalakuda.

(2.) The suit was one for partition filed by the mother with respect to the property belonged to her deceased son Suresh. The defendants are the wife and children of the deceased son. (For convenience parties would hereinafter be referred as per their status before the trial court). The son died intestate and parties are governed by Hindu Succession Act, 1956 (for short, the Act ) and plaintiff claimed 1/4th share out of the schedule property with share of profits.

(3.) Defendants filed written statement contending that they are the only legal heirs of deceased Suresh and plaintiff is not entitled to any share in the property in view of the subsequent development of law. It is denied that the defendants let out the building on monthly rent of Rs.4,500.00. The house is in a dilapidated condition. It is also contended that the properties are not in joint possession.