SHYLAJA Vs. NISHAD

JUDGEMENT

(1.) The plaintiff in a suit for partition is the appellant. The suit was filed for partition of the property belonging to one Karuvarakandy Raghavan. The plaintiff and the 3rd defendant are the children of Raghavan, born to his first wife, Sreemathi. 1st defendant is his second wife, and the 2nd defendant is the son born to him through the 1st defendant. During the pendency of the suit, the 1st defendant also died. The plaintiff sought partition of the B schedule property by allotment of 1/4th share to her.

(2.) The defendants 1 and 3 remained ex parte. The 2nd defendant is recorded as the legal heir of the deceased 1st defendant.

(3.) The 2nd defendant filed Written Statement admitting the original ownership of plaint B schedule property with Raghavan and the relationship of the parties and resisting the suit prayers contending that Raghavan had executed Ext.B1 Will with respect to Item No.1 and 3 in favour of the defendants 1 and 2.