C.P.JOSEPH Vs. C.P.FRANCIS

JUDGEMENT

(1.) Appellants are the plaintiffs in the suit.

(2.) The suit was for the partition of Plaint A and B schedule properties and a permanent prohibitory injunction against alienation and committing waste. Plaint A and B schedule properties belonged to Pius and his wife, Philomina Pius, respectively. Pius and Philomina Pius died on 24/11/2004 and 27/11/2008, respectively.

(3.) The plaintiffs 1 to 5 and defendants 1 and 2, and Mariya, the mother of defendants 3 and 4, are the children of Pius and Philomina Pius. Pius was the owner of the plaint A schedule property, which had an extent of 7.875 cents of land, and the Tharawad house therein. Philomina Pious had 7.233 cents of land, out of which Philomina executed Ext.B2 Settlement Deed in favour of the fourth plaintiff for 4 cents, and the balance of 3.233 cents is included in plaint B schedule property. Plaint A and B schedule properties formed a compact plot within a common boundary.