PONNU Vs. KASU

JUDGEMENT

(1.) This second appeal has been filed against the judgment and decree in A.S.No.69/1994 on the file of District Court, Palakkad which in turn arouse out of the judgment and decree in O.S.No.269/1990 on the file of the Munsiff's Court, Chittur.

(2.) The suit was one for partition and plaintiff is the appellant. (Parties would hereafter be referred as per their status before the trial court). Plaintiff and defendants 1 to 5 are children and 6th defendant is the wife of deceased Chamu. Plaint schedule properties originally belonged to Chamu who died three years before the filing of the suit. Since then, the first defendant, his only son is managing the properties. Though he promised to give separate shares to the plaintiff and the other defendants, he failed to do the same and hence lawyer notice was issued demanding partition for which there was no reply. Hence the suit.

(3.) First defendant filed written statement contending that the plaintiff and defendants 2 to 6 have no right over the property. During the lifetime of deceased Chamu, he executed a registered Will in favour of the first defendant and since his death, the first defendant is in possession and enjoyment of the said property since it was devolved upon him exclusively. Plaintiff and any of the other defendants have no right over the plaint schedule property.