S KRISHNAN Vs. K NARAYANA LYER

JUDGEMENT

(1.) Both these appeals are against the preliminary decree in O. S. No. 123 of 1974 of the Subordinate Judge's Court, Trichur. A. S. No. 351 of 1979 is by the plaintiffs and A. S. No. 66 of 1980 is by defendants 1 and 4. Both the appellants in A. S. No. 66 of 1980 died during the pendency of the appeal and respondents 3 and 4 in the appeal are recorded and additional 3rd appellant is brought on record as their legal representatives.

(2.) The suit is for partition of the plaintiffs' half share in the plaint A, B and C schedule properties as belonging to a Hindu Mithakshara joint family of the descendants of late Sreemadom Krishna Iyer. Krishna Iyer had two sons Subramonia Iyer and the 1st defendant. Subramonia Iyer died in 1964. The Ist plaintiff is his son and the 2nd plaintiff is the son of the Ist plaintiff. Defendants 2 and 3 are the sons of the Ist defendant and the 4th defendant is his wife. There was no dispute that the A schedule items as originally shown in the plaint are joint family properties. There is however dispute in regard to another item 10 cents in extent in Sy. No. 1466 of Trichur Town brought in as an addition to item 1 in the A schedule as per amendment of plaint effected by order of the court below in I. A. No. 1514 of 1976.

(3.) The defendants raised the contention that besides the A schedule properties one other item mentioned in the written statement of the Ist defendant and standing in the name of the 1st plaintiff also belongs to the joint family and is liable to be partitioned among the parties to the suit. There were also disputes in regard to the partibility of the B and C schedule properties. The court below found that the property mentioned in the written statement of the Ist defendant and standing in the name of the Ist plaintiff is also available for partition and passed a preliminary decree for partition of that property along with the plaint A schedule properties. Some of the items in the B schedule were found available for partition and in regard to the C schedule there was a direction for accounting by the Ist defendant subject to further scrutiny at the final decree stage.