NISHANTH Vs. C.M.ASHA

JUDGEMENT

(1.) The preliminary decree in a suit for partition is under challenge both by the plaintiff and the defendants, in the respective appeals.

(2.) The property sought to be partitioned has an extent of 3 cents with a building thereon and the hardware business being conducted therein under the name and style "PC Raghavan and Sons". Defendants 1 to 3 are the daughters of late P.C. Raghavan. The plaintiff is the son of the first defendant. The 4th defendant is the son of the second defendant.

(3.) According to the plaintiff, the plaint schedule property belonged to late P.C. Raghavan. He was conducting a hardware business therein. Later he converted it into a partnership business by including defendants 1 to 3. Raghavan died in the year 1987. He had executed Ext.A1 Will, bequeathing the plaint schedule property. Under the bequest, the plaintiff is entitled to 15% shares. Alleging that the defendants refused partition, the suit was filed.