VIJAYARAJAN Vs. C.RADHA

JUDGEMENT

(1.) The first defendant in a suit for partition is the appellant in this appeal.

(2.) The property sought to be partitioned belonged to one Parukutty Amma. The plaintiff is the daughter of Parukutty Amma and the first defendant is her son. The second defendant is another daughter of Parukutty Amma. According to the plaintiff, on the death of Parukutty Amma, one third share over the suit property devolved on her and hence the suit for partition of the said share of the plaintiff. The first defendant contested the suit contending mainly that the suit property has been bequeathed to him by Parukutty Amma as per Ext.B1 Will and therefore, the same is not partible. The trial court found that the first defendant has not proved the execution of Ext.B1 Will. The trial court also found that the first defendant has not explained to the satisfaction of the court all suspicious circumstances surrounding the execution of Ext.B1 Will. Consequently, the suit was decreed declaring the right of the plaintiff over the suit property. Though the first defendant took up the matter in appeal, the appellate court confirmed the decision of the trial court. Hence this second appeal by the first defendant.

(3.) Heard the learned Senior Counsel for the appellant as also the learned counsel for the first respondent.