AUGUSTINE Vs. TRESA K.V @ KOCHU THRESSIA

JUDGEMENT

(1.) Defendants in O.S.No.311 of 2013 and O.S.No.497 of 2011 before the Court of Additional Sub Judge, North Paravur are the appellants herein. They are aggrieved by the judgment and decree dated 31.1.2017 passed by the Additional District Judge, North Paravur in A.S.Nos.29 and 30 of 2014. The lower appellate Judge considered these appeals together and by a common judgment, he set aside the judgments and decrees passed by the trial court in the two suits.

(2.) O.S.No.497 of 2011 is a suit for partition. Plaintiff is the sister of appellants and the daughter of 3 rd defendant. On the death of plaintiff's father Varghese, the properties devolved on the plaintiff and defendants; namely the daughter, sons and wife respectively. Parties are governed by the provisions of Indian Succession Act , 1925. Subsequent to the death of Varghese, the 3rd defendant remarried. According to the plaint averments, the properties are managed by the defendants. When she demanded partition and separation of her share, the defendants did not accede to her demand and hence, the suit was filed.

(3.) The defendants appeared and contended that they had solemnised marriage of the plaintiff and in order to meet the expenses in connection with her marriage, she had executed Ext.B6 in favour of the appellants (defendants 1 and 2). Plaintiff has no subsisting right in the properties. She had released her rights. It is further contended by the defendants in their written statement that portions of properties have been sold to various persons and major portions of the property are in the possession of third parties.