GOPALAKRISHNAN NAIR Vs. SETHUKUTTY AMMA

JUDGEMENT

(1.) Defendants 2 and 3 in a suit for partition are the appellants. The trial Court granted a preliminary decree directing division of plaint schedule item Nos. 1 and 2 into 7 equal shares and to allot 4 such shares to the plaintiffs jointly and the remaining 3 shares to defendants 1 to 3. Plaint item No. 3 was directed to be divided into 4 equal shares and the first plaintiff was allotted one such share and the remaining 3 shares were allotted to defendants 1 to 3.

(2.) Deceased Pachi Amma was the grandmother of the first plaintiff. First defendant Pankajakshi Amma is the daughter of Pachi Amma. Defendants 2 and 3 are the children of the first defendant. Plaintiffs 2 to 4 are the children of the Ist plaintiff. Ist plaintiff is the daughter of D1 - Pankajakshi Amma. Plaint items 1 and 2 were allotted to Pachi Amma as per the B schedule to Ext. B4 partition deed of 1118 M.E. corresponding to 1943. Plaint item No. 3 belonged to late Padmanabha Pillai. Padmanabha Pillai died and his right devolved upon his wife and children. The first defendant is the wife and defendants 2 and 3 are the children of Padmanabha Pillai. The first plaintiff is entitled to share over item No. 3.

(3.) Defendants 1 to 3 contended as follows:-