MINI VINOD KUMAR Vs. K.VIJAYALAKSHMI

JUDGEMENT

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

(2.) The first plaintiff is the mother. The second plaintiff and the defendant are the son and the daughter born to the first plaintiff and her husband, late Rajan Menon. The issue involved in this appeal is confined to plaint schedule II item No.1 ("the property", and hence the discussions hereunder are confined to that.

(3.) According to the plaintiffs the property sought to be partitioned belonged to the father and the mother (Rajan Menon and first plaintiff), under Exts.A1 and A2 Sale Deeds dtd. 17/12/1991 and 18/12/1991. On the death of the father, his one-half right over the property devolved on the plaintiffs and the defendant. The plaintiff seeks for partition and separate possession of their shares. The first plaintiff claims one-half share of the property in addition to the share inherited by her from her husband(4/6 shares).