SURENDRAN Vs. KAVITHA RAJENDRAN

JUDGEMENT

(1.) The preliminary decree in a suit for partition is under challenge by the 2nd defendant. Though various items of property are sought to be partitioned, the present appeal is confined to the plaint 'F' schedule item No.1. Hence, the discussions herein are confined to the same.

(2.) The plaint 'F' schedule item No.1 is a residential flat at Mumbai. It belonged to one Velayudhan. He died on 21/3/1986. His wife, Ammu, died on 5/1/2002. They had 6 children, namely, Rajendran and defendants 1 to 5. Rejendran died on 3/6/2003. His legal heirs seek for partition.

(3.) The trial court passed the impugned preliminary decree for partition, declaring that the plaintiffs together, and each of the defendants, are entitled for 1/6 shares each.