VENUGOPAL.K.VELOTH Vs. MAHILAMANI

JUDGEMENT

(1.) The preliminary decree in a suit for partition is under challenge by the first defendant.

(2.) The plaint schedule consists of two items of properties. With regard to the partibility and shares of plaint item No.2 there is no dispute. In this appeal we are concerned only with the plaint item No.1 (hereinafter referred to as "the property").

(3.) The property originally belonged to one Kadungon, the predecessor-in-interest of the parties under Ext.B1 Partition Deed of the year 1911. Thereafter on 30/8/2011 he executed Ext.A2 Will, bequeathing the property to his wife-Narayani, children and grand children. The plaintiffs seek for partition and separate possession of their 5/6 shares out of the property.