BALAKRISHNA MENON Vs. PADMAVATHY AMMA

JUDGEMENT

(1.) These second appeals arise from a common judgment of the Subordinate Judge's Court, Ernakulam in A S. Nos. 43 and 46 of 1986. Bath these appeals were filed by one Balakrishna Menon. He died some time later and hence his daughter Indira V. Menon and son inlaw K. P. V. Menon were impleaded as legal heirs in view of the recital contained in the assignment deed executed by him in favour of them. Deceased Balakrishna Menon was the second defendant in O. S. No. 809 of 1981 filed by his sitter Padmavathy Amma. The rights of the first defendant Kochammini Amma where later assigned to Balakrishna Menon. Thus the main contest in these appeals is between Padmavathy Amma and legal heirs of Balakrishna Menon.

(2.) The common facts involved in these appeals are narrated hereunder:

(3.) In O. S. No. 1039/81 the plaintiff Balakrishna Menon as per the order in I. A. No. 4083/81 took out an Advocate - commissioner to prepare a sketch showing the lie of plaint A and B schedule properties. Ext. C3 is that report. The defendant Padmavathy Amma has filed objection against the said report on 6-1-1982.