SREEDEVI ANTHERJANAM Vs. BHAVADASAN NAMBOODIRI

JUDGEMENT

(1.) A suit for partition in which the appellants were arrayed as defendants, was decreed by the court below in favour of the plaintiff. It was found that the plaintiff/respondent is entitled to get 6/10 shares in the plaint schedule properties and that the appellants are entitled to get 4/10 shares together. By holding so, a preliminary decree has been passed which is under challenge in this appeal. The first appellant, the mother of appellants 2 to 4 died during the pendency of the appeal and appellants 2 to 4 have been recorded as legal representatives of the deceased first appellant.

(2.) THE parties are Nambudiries. The respondent/plaintiffs father late Shri Neelakantan Nambudiri had the plaintiff as his son through the first wife. The mother of the plaintiff died before 1955. Appellant NO.1 is the second wife of deceased Neelakantan Nambudiri and appellants 2, 3 and 4 are his children through the first appellant. 

(3.) THE plaintiff contended that himself and his father were having one share each in the properties allotted to them. Subsequently, the father married appellant No.1 herein and the other children were born and he died on 30.9.1998. Thus, the claim set up is that the plaintiff is entitled for half share in the plaint schedule properties and one share in the property of his father, i.e. 6 out of 10 shares.