V.S.HARIKRISHNAN Vs. V.S.SREELEKHA

JUDGEMENT

(1.) TWO suits namely, O.S.No.1808/2003 and O.S.No.259/2004 were jointly tried and disposed of by a common judgment. Among them O.S.No.1808/2003 was treated as leading case and the parties and facts are referred to as they are available in that case. O.S.No.1808/2003 was decreed while O.S.No.259/2004 was dismissed. It may be mentioned here itself that O.S.No.1808/2003 was one for recovery of possession on the strength of title and for consequential reliefs while O.S.No.259/2004 was one for partition.

(2.) IT is not in dispute that the properties involved in these two suits belonged to one Velayudhan Nair. He had two daughters namely, Sreelatha and Sreekala through his 1st wife. Consequent on the death of his 1st wife, he married Chandrika Kumari who is the 1st defendant in O.S.No.1808/2003 and 3rd defendant in O.S.No.259/2004. Chandrika Kumari, in her earlier marriage, had two daughters by name, Kavitha and Indulekha who are arrayed as 2nd and 3rd respondents in O.S.No.1808/2003. Harikrishnan, who is arrayed as the 4th respondent in O.S.No.1808/2003 and who is the plaintiff in the other suit, is the son of Chandrika Kumari through Velayudhan Nair. 3. The plaintiff in O.S.No.1808/2003 laid the suit on the basis of Ext.A1 Will alleged to have been executed by Velayudhan Nair by which the ground floor of the two storied building was bequeathed to the plaintiff in the suit. In fact, by Ext.A1 Will, he had bequeathed the two storied building to two of his daughters; ground floor to 1st daughter Sreelatha and 1st floor to the 2nd daughter Sreekala. The facts indicate that later on, by Ext.A2 of the year 1998, when Sreekala got married, the upper portion was assigned to her. Velayudhan Nair died on 14.04.2002.

(3.) THE plaintiff in O.S.No.1808/2003 alleged that consequent on the death of Velayudhan Nair, the bequeath took effect and the ground floor came to vest with her. She requested the defendants in the suit to vacate the premises to which they did not accede and hence suit was laid.