KAMALESWARAN CHELLAPPAN Vs. C. KAMALASANAN

JUDGEMENT

(1.) UNDER challenge in these appeals are the judgment and decree in O.S.No.1285 of 1994 on the file of the Principal Sub Court, Thiruvananthapuram.

(2.) THE suit was filed by the appellant in R.F.A.No.552 of 2004 against his brothers and sisters (defendants 1 to 5) for partition and separate possession of 1/6th share in the plaint items said to have been left by Gouri Ponnamma, the deceased mother of the parties.

(3.) BRIEFLY put, the plaint allegations, are as follows: The plaintiff and defendants 1 to 5 are the children of N.Chellappan and his wife Gouri Ponnamma, who died on 30.4.1977 and 1.11.1994 respectively. Plaint 'A' schedule property belonged to Late Ponnamma. Under a Will said to have been executed by late Chellappan, a letter of administration was obtained by Ponnamma in her name as per a decree in O.S.No.9 of 1997 on the file of the District Court, Thiruvananthapuram, and on the basis of the same, she received all amounts due to Chellappan from the Kerala State Electricity Board for the contract work done by him. It was alleged that at the time of his death, lakhs of rupees were due to him from the KSE Board, as he had undertaken the works of major projects under the Board. Allegedly, all the amounts so received by Ponnamma were deposited by her in various banks. They are 'B' schedule properties. It was further alleged that Chellappan was conducting a partnership business under the name and style N.C. and Company doing major contract business in Thiruvananthapuram, and after his death, Ponnamma and the fifth defendant were continuing the same. The firm had huge assets. These are included in 'C' schedule. Ponnamma died intestate and the plaint schedule properties devolved on the plaintiff and defendants in equal shares. Hence, the suit.