P.G.SANTHOSH Vs. P.G.SHAJI

JUDGEMENT

(1.) These appeals arise from the preliminary decree in a suit for partition. R.F.A.No.323 of 2009 is filed by the 1st defendant, and R.F.A.No.631 of 2009 is by defendants 2 and 3.

(2.) The plaint schedule property is 6.90 cents. The property originally belonged to one Achuthan. He had two daughters, Leela and Vasumathy. Leela has four children, namely, the plaintiff, the 1st defendant, Sajeevan and Asokan.

(3.) According to the plaintiff, Achuthan had executed Will No.17 dtd. 28/1/1995(Ext.X1). Under the Will, the property was bequeathed in favour of the plaintiff and the 1st defendant. There was an obligation cast on the 1st defendant to pay an amount of Rs.50,000.00 to the plaintiff. Achuthan died in the year 1995. Claiming partition, the suit was filed.