M C SIVADASAN Vs. M C SUNANDA

JUDGEMENT

(1.) Challenging the concurrent findings entered by the Subordinate Judge's Court, Kozhikode, in O.S.No.95 of 2007, followed by those of the III Additional District Court, Kozhikode, in A.S.No.46 of 2008, the 1 st defendant has come up with this second appeal.

(2.) The suit is one for partition and separate possession of 1/8 shares to each one of the plaintiffs over the plaint schedule properties. There are 5 plaintiffs and 3 defendants in the suit. All the parties totaling 8 in number are the children of late Chandan. Chandan is the son of Imbichekku, who died in the year 1961.

(3.) The first wife of Chandan, namely Lakshmi, predeceased him. Plaintiffs 1 and 2 were the children born in the said wedlock. After the death of Lakshmi, Chandan married Devaki, in whom plaintiffs 3 to 5 and the defendants were born. The 1 st defendant is the only son and all the other defendants and plaintiffs are daughters. According to the plaintiffs, when Chandan died intestate in respect of the scheduled properties, each of the plaintiffs is entitled to 1/8 shares in the property. Further, they are entitled to the share of mesne profits also.