LAWS(KER)-2015-6-146

THARAMMAL KADEESA AND ORS. Vs. BIYATHU AND ORS.

Decided On June 19, 2015
Tharammal Kadeesa And Ors. Appellant
V/S
Biyathu And Ors. Respondents

JUDGEMENT

(1.) THE plaintiffs in a suit for partition are the appellants.

(2.) THE plaint schedule property belonged to Andruman, the father of plaintiffs and defendants 2 to 4. First defendant was the wife of Andruman who died pending suit. The case of the plaintiffs is that they are entitled to 2/9th share in the plaint schedule property. Defendants 2 to 4 contested the suit contending, among others, that on the death of Andruman the plaint schedule property was partitioned orally among his legal representatives; that the plaint schedule property was allotted to defendants 2 to 4 as per terms of the said oral partition and that the plaintiffs have no right in the plaint schedule property. They have also contended that pursuant to the said oral partition, the plaint schedule property was sold by them to the fifth defendant.

(3.) HEARD the learned Senior Counsel for the appellants and the learned Counsel for the defendants 2 to 5.