SUDHAKARAN Vs. RAGINI

JUDGEMENT

(1.) Challenging the concurrent findings entered by the Additional Sub Court, North Paravur in O.S.No.378/2007 and the Additional Sessions Court, North Paravur in A.S.No.35/2011, the plaintiff in O.S.No.378/2007 of the Additional Sub Court, North Paravur has come up with this second appeal.

(2.) The suit is one for partition. The properties involved were allotted to late Gopalakrishnan, through Ext.A1 partition deed, and another sale deed. Plaintiff Sudhakaran is the elder brother of late Gopalakrishnan. The 2nd respondent is the son of the plaintiff. Respondents 3 and 4 are the sisters of the plaintiff and late Gopalakrishnan. Gopalakrishnan died on 9.12.2006. He had married the first respondent herein Ragini just three years prior to his death, at the age of forty. No children were born in their wedlock. It has come out that almost three years of their marital life, all along, Gopalakrishnan continued be a cancer patient, and finally he succumbed to his illness.

(3.) An extent of 21 cents of property and the family house situated thereon was allotted to Gopalakrishnan through Ext.A1 Partition deed. The case of the plaintiff is that Gopalakrishnan had executed Ext.A2 unregistered Will on 29.09.2006 thereby bequeathing 8 cents of property out of the said 21 cents of property to the plaintiff, 2¾ cents of property from one survey number and another two cents of property from another survey number to the 2nd respondent, and eight cents of property to the first respondent herein. Another 14 cents of property had also devolved on late Gopalakrishnan through a sale deed. Through the said Will, it is alleged that late Gopalakrishnan has bequeathed that 14 cents of property to respondents 3 and 4 in equal shares. According to the plaintiff, even though he had requested for a partition and separate possession of the properties, the first respondent was not willing to have a partition and hence the suit.