SANKARA PILLAI GOPALA KURUP ALIAS BALAKRISHNA PILLAI Vs. JANAKI AMMA RATHEEDEVI AMMA; KARTHIYAYANI AMMA THANKAMMA AND ORS

JUDGEMENT

(1.) The plaintiff, who concurrently lost in a suit for declaration and partition is the appellant. The plaint schedule property was originally allotted to the sharer of Karthiyayani, the grandmother of the plaintiff and 8th defendant. The Karthiyayani had also four daughters i.e., Parukutty Amma, Kutty Amma, Janaki Amma and Thankamma, besides the father of the plaintiff. So on the death of the father of the plaintiff and the 8th defendant, the plaintiff has got 1/5 share in the property left behind by the grandmother, Karthiyayani. The defendants are the legal heirs of Parukutty Amma and Janaki Amma etc. A partition deed was entered into with respect to the property left behind by Karthiyayani excluding the plaintiff and the 8th defendant, who are the children of Sankara Pillai, the pre-deceased son of Karthiyayani. The plaintiff contends that the partition deed entered into excluding the plaintiff and 8th defendant is invalid and inoperative and that he is entitled to get = of the 1/5 share.

(2.) Defendants 1 and 2 filed written statement contending that the share allotted to Parukutty Amma as per Ext.B1 partition deed was gifted by her on the same day as per Ext.B2 Gift Deed in favour of Chellamma. The share allotted to Janaki Amma devolved on the first defendant as her legal heir. The share allotted to Thankamma was gifted by her in favour of the first defendant as per Ext.B4 dated 08.06.1979. The first defendant contended that he has got right over 33 cents from out of the plaint schedule property. It was also contended that the share allotted to Kutty Amma was assigned to one Muttungal Vasudevan.

(3.) The plaintiff was examined as PW1 and Ext.A1 partition deed was marked. The first defendant was examined as DW1 and Exts.B1 to B8 were marked.