PALASSERI VELAYUDHAN Vs. PALASSERI ITHAYI

JUDGEMENT

(1.) Second appeal arises from a suit for partition. Defendants 11 and 12 are the appellants.

(2.) The suit O.S.181/78 before Munsiff's Court, Manjeri was filed by the first respondent for partition and separate possession of 1/4th share over the plaint schedule properties. The properties were acquired in the joint names of Velu and Raman in the year 1929. Jenm rights were also purchased by them in the year 1950. Velu died 22 years before suit without male issues. Plaint alleges that the rights of Velu devolved on plaintiff and her two sisters. Even during the life time of Velu, plaintiff and one of her sisters were given in marriage. The third sister Cheronna was unmarried. Plaint alleges that she is the sole heir entitled to succeed Velu. Thereafter Cheronna and Ramen are alleged to have possessed the properties jointly and Raman died about 18 years before suit. Defendants 1 to 3 and one Chillu are his legal representatives. Plaintiff's sister Nani died in 1958. Her children are defendants 9 and 10. Cheronna died in 1972 and her rights devolved on plaintiff and defendants 9 and 10. Defendants 4 to 8 are the legal heirs of Chillu. Plaintiff claimed 1/4 share. It is stated that defendants 1 to 8 are together entitled to get half share and the remaining 1/4th share goes to defendants 9 and 10. Separation of the plaintiff's share was claimed with profits, part and future.

(3.) Supplemental defendants 13 to 15 were subsequently impleaded and it was alleged that they were impleaded only on the contention of the other defendants that portions of the properties were held by them