C.M.GOVINDAN NAIR Vs. M.RAMACHANDRAN NAIR

JUDGEMENT

(1.) THIS Second Appeal was filed by defendants 1 to 3. The first defendant died during the pendency of this appeal. 3rd appellant and respondents 8 to 13 are the legal representatives of the deceased first defendant. 8th respondent died subsequently. 3rd appellant and respondents 9 to 13 are the legal representatives of deceased 8th respondent.

(2.) THE suit for declaration of right of pre -emption filed by the plaintiff was dismissed by the learned Munsiff. In the appeal, the learned Sub Judge reversed the finding entered by the trial court and granted a decree as prayed for by the plaintiff.

(3.) DEFENDANTS 1 to 3 filed joint written statement admitting the fact that the right over the property devolved upon four persons; the plaintiff and defendants 2, 4 and 5. It was admitted that Sankaran Adiyodi, the father of the plaintiff in fact wanted other sharers to sell their share to the 2nd defendant, who was the youngest son. The allegation made in the plaint that the 2nd defendant had given Rs.5,000.00 out of Rs.10,000.00, which was fixed as value of his share was denied. The right of pre -emption claimed by the plaintiff was also denied. It was contended that the first defendant had effected repairs to the house spending more than Rs.15,000.00. The allegation that there was an agreement to sell the share was also denied.