JOHN Vs. GEORGE

JUDGEMENT

(1.) These appeals are by the plaintiffs 1 and 2 respectively, in a suit for partition. The suit was dismissed by the trial court.

(2.) The properties sought to be partitioned belonged to late Varu Joseph(hereinafter referred to as "Varu"). The first plaintiff, and defendants 1 and 2, are the children born to Varu in his first wife Thresiyamma. The second plaintiff and defendants 3 to 7 are the children born to Varu in his second wife Annakutti. Varu died on 12/12/1972. Thresiyamma died on 10/8/1940. Annakutti died on 17/1/1975. The suit is filed seeking partition alleging intestate succession.

(3.) The suit was resisted by defendants 3, 4 and 7. In their written statement, the claim of the first plaintiff for partition was defended relying on Ext.B1 Settlement Deed dtd. 28/11/1959, executed by Varu Joseph in favour of the children born in the first marriage viz. the first plaintiff, first defendant and second defendant. It was contended that the settlement of properties under Ext.B1 was in lieu of their shares in the father's property. Having accepted Ext.B1, they are estopped from claiming any further rights over the plaint schedule properties which are the remaining properties of the father, was the contention.