KUNJANBAVA Vs. KARTHIYANI

JUDGEMENT

(1.) The preliminary decree in a suit for partition is under challenge by the defendant.

(2.) Kunjayyan, the predecessor of the plaintiffs, and the defendant were brothers. The plaint schedule property belonged jointly to Kunjayyan and the defendant as 'Kudikidappu' obtained from the landlord. The plaintiffs seek for partition and separate possession of one half share of their predecessor Kunjayyan.

(3.) The defendant denied the status of the plaintiffs as the legal heirs of Kunjayyan. It was claimed that the suit is barred by res judicata by virtue of the dismissal of an earlier suit filed by Kunjayyan for partition of the property. It was also contended that Kunjayyan had relinquished his rights over the property for consideration.