RANI Vs. CATHREENA

JUDGEMENT

(1.) This appeal is filed against the judgment and decree in O.S. No. 899 of 1986. Plaintiff filed the suit for partition of the plaint schedule property comprised in Sy. No. 481/1, 481/2 and 483 having a total extent of 74 cents. The land is situated in Kottappuram Village in Talappilly Taluk in Trichur District.

(2.) The plaintiff claimed 1/8 share in the property. According to the plaintiff, the plaint schedule property belonged to one Mathai, who was the father of the plaintiff and defendants 2 to 7 and the husband of the first defendant. After the death of Mathai, the plaintiff claimed the 1/8th share in the assets of Mathai.

(3.) The first defendant filed a written statement contending that the plaintiff is not entitled to get partition and the father inlaw of the first defendant Kuriath executed a will in respect of the property belonged to him. Kuriath died on 12.2.1959 and there has been a partition between the first defendant and other defendants by which portions of the property have been set apart to the other defendants and that the plaintiff has no right to get partition. They also narrated the partition in 1984 between the mother and the other defendants.