P.B.VENU Vs. P.B.PADMA

JUDGEMENT

(1.) A common issue arises for consideration in these cases. They were therefore heard together and are being disposed of by this common judgment. The brief facts of the case are as follows:

(2.) The appellant is the elder brother of the respondent. They are two among the children of late Bhanu Panicker, who died inestate on 19.5.1994. Late Bhanu Panicker had during his life time purchased properties in the names of his wife and children. It so happened that the children were not in possession of the respective holdings standing in their names but were in possession of holdings that stood in the names of others. The appellant is running a textile shop under the name and style 'Padmas' in the building standing in 5 cents of land situate in Sy.Nos.477/15, 16, 17 and 19 of Punalur Village, Kollam District. The said parcel of land and building were purchased in the name of the respondent by late Bhanu Panicker. The respondent in the appeal was earlier a partner of the firm 'Padmas'. After Bhanu Panicker passed away, a family settlement was entered into on 10.9.1998 whereby the parties agreed for allotment of the properties purchased by their father to the respective owners.

(3.) It is the case of the appellant that under the family settlement, the respondent was obliged to transfer 5 cents of land situate in Sy.Nos.477/15, 16, 17 and 19 of of Punalur Village, Kollam District together with the building therein to him and he and other siblings were bound to transfer different parcels of land to others. The appellant has also averred that the respondent had after the family settlement was entered into, filed O.S.No.221 of 2010 in the Court of the Subordinate Judge of Kottarakara joining P.B.Chandra Babu and P.B.Pushpa Rajan, two other children of late Bhanu Panicker as defendants and prayed for a decree directing the first defendant to execute an exchange deed in her favour regarding the plaint schedule property. A copy of the plaint in O.S.No.221 of 2010 was made available for perusal and therein, the plaint schedule property is described as 2.43 ares of land in old survey No.530/1/1/43 and 30 cents in 18.82 ares in old Sy.No.478/3 of Punalur Village, Pathanapuram Taluk, Kollam District. The respondent has in that plaint relied on the family settlement entered into on 10.09.1998.