NEDUNGADITHADI PARAMBIL THAMASIKKUM RADHA Vs. ETHILKANDI BALAKRISHNAN

JUDGEMENT

(1.) THIS appeal arises from judgment and decree of learned IIIrd Additional Sub Judge, Kozhikode in O.S.504/94. That is a suit for partition filed by the appellant and ended in dismissal in view of Exts.B1 and B2 gift deeds said to be executed by late Kaveri and Pennutty, respectively.

(2.) THE suit property originally belonged to the late Raman Vaidyar who died about 50 years prior to the institution of the suit. The said Raman Vaidyar had three children - Kaveri, Pennutty and Raman. Raman was not heard of for more than 7 years since death of Raman Vaidyar. The property was inherited by Kaveri and Pennutty on the death of Raman Vaidyar. While so, Ext.A1, partition deed of the year 1944 was executed between Kaveri and Pennutty.

(3.) RESPONDENTS resisted the Suit. They claimed that Kaveri executed Ext.B1, gift deed transferring her right over the suit property to Pennutty and her children (respondents 1 and 2 and the late Chandrasekharan). Later, Pennutty executed Ext.B2, gift deed transferring her right to the respondents 1 and 2 and the late Chandrasekharan. Thus the respondents became absolute owners in possession of the suit property which according to them is not partible.