AMBALAPURATH MADAPPURAKKAL YASHODA Vs. K K PADMAVATHI

JUDGEMENT

(1.) Defendants 3 to 8 in OS.No.790/1997 on the file of the Additional Munsiff Court, Kannur are the appellants herein. The suit was filed by respondents 1 and 2 herein as the plaintiffs for partition of the plaint schedule properties on the basis of Ext.A2 gift deed executed by their father Kunhiraman. The plaintiffs and mother of defendants 1 and 2, one Thankamani, are the children of Kunhiraman in his first wife, Panchali and after the death of Panchali, he married the third defendant and defendants 4 to 8 were born to him in that wedlock.

(2.) Defendants 1 and 2 entered appearance and filed written statement admitting the fact that the property belonged to Kunhiraman and he had a first wife by name Panchali in whom their mother Thankamani and the plaintiffs were born. It is also admitted by them that after the death of Panchali, their grandfather married the third defendant and defendants 4 to 8 were born to them. They denied the allegation that Kunhiraman executed gift deed No.773/17 in favour of children through Panchali and their mother was in possession of the property. They also contended that the gift was not accepted. According to them, the plaintiffs and the defendants are in joint possession of the property and the property has to be partitioned among all the persons equally.

(3.) Defendants 3 to 8 filed a separate written statement whereby though they admitted the relationship, denied the fact that Kunhiraman had executed any gift deed. They also stated that he had not executed any gift deed and he had not parted with possession of the property. He was in possession of the property till his death. He was paying the tax. If at all any gift was there, that was not accepted. No right was derived by the plaintiffs on the basis of the gift. So according to them, the plaint schedule property has to be partitioned among all the legal heirs of Kunhiraman. No demand for partition was made. So according to them, the plaintiffs are not entitled to get the relief as claimed in the plaint and property has to be partitioned among all the legal heirs of late Kunhiraman.