N. SUSEELA Vs. R.S. DILIN

JUDGEMENT

(1.) After the death of one Christhumony @ Rajendran, his two minor children came up with the suit in O.S.No.277 of 1999 before the Principal Munsiff's Court, Neyyattinkara through their next friend, the uncle, claiming ?th share over the property left out by their deceased father and for setting aside Ext.A1 sale deed executed by their mother representing the minor children in respect of 1 acre 24 cents in favour of defendant Nos.1 and 2. The mother was impleaded in the suit as defendant No.3. During the pendency of the suit, defendant No.1 passed away and the legal heirs were impleaded as additional defendant Nos.4 and 5. Defendant No.2 was recorded as one of the legal heir. The suit was decreed by the trial court and Ext.A1 document was set aside in so far as ?th fractional interest of the minor children over the property is concerned and granted a preliminary decree for partition. It was taken up in A.S.No.202 of 2003 before the Sub Court, Neyyattinkara wherein the decree was confirmed by its judgment and decree dated 7.11.2008. Aggrieved by the above said decree and judgment, defendant Nos.2, 4 and 5 came up with this second appeal. Defendant No.3 remained ex-parte both in the trial court and in the first appellate court.

(2.) The following questions came up for consideration:

(3.) The dispute centers around execution of Ext.A1 sale deed pertaining to the plaint schedule property having an extent of 1 acre 24 cents. There is no much dispute that the said property originally belonged to and left out by deceased Christhumony @ Rajendran and that the plaintiffs are the two minor children born to him in the wedlock with defendant No.3. Their status as legal heirs of deceased Christhumony @ Rajendran is not in dispute.