ALEYAMMA THOMAS Vs. ALICE GEORGE

JUDGEMENT

(1.) The appellants are the defendants in O.S. No. 335 of 2013 on the file of the Principal Sub Court, Kottayam. The suit was instituted for declaration and partition. The plaintiff is the granddaughter of Varghese Cherian, who died on 11/5/1995. He had three children, and the plaintiff is the daughter of his eldest son, P.S. Varghese. The daughter of Varghese Cherian, P.C. Sosamma, died a spinster on 19/7/2005, and his second son, T.C. Thomas, died intestate on 10/11/2012, leaving behind his wife, who is the first defendant in the suit.

(2.) In the year 1970, as per Ext.B1 settlement deed No. 2041/1970 of the Additional Sub Registrar Office, Kottayam, Varghese Cherian conveyed 60 cents of property to the plaintiff and her bridegroom towards her share in his properties. The plaintiff accepted the said property and subsequently alienated it for consideration.

(3.) The suit was filed, contending that the plaint schedule item No.1 property belonged to P.C. Sosamma, who died intestate on 19/7/2005, leaving behind the plaintiff and T.C. Thomas as her legal heirs. Accordingly, the plaintiff claimed a half share in the plaint schedule Item No.1 property, with the remaining half belonging to T.C. Thomas. It was further contended that, upon the death of T.C.Thomas intestate on 10/11/2012, his half share in the plaint schedule Item No.1 property devolved equally upon the plaintiff and the first defendant, thereby entitling the plaintiff in total to a 3/4 share in the plaint schedule Item No.1 property. The plaintiff further contended that plaint schedule Item No.2 property, belonging to T.C. Thomas, devolved equally upon the plaintiff and the first defendant, entitling them to equal shares therein.