HEATHER LUIZ Vs. NIRENE DENNIS LUIZ

JUDGEMENT

(1.) The second defendant in a suit for partition of the plaint schedule properties has preferred this appeal challenging the preliminary decree passed by the Court below as per judgment dated 13/1/2004 in OS No.652/95. The subject matter in issue in the appeal is only with reference to item Nos. 1 and 2 of plaint A schedule property.

(2.) The property was originally purchased by Smt. Dorris Luiz as per Ext.A1 registered sale deed dated 3/8/196 She died on 14/7/1973 leaving behind her husband S.P.Luiz and five children. S.P.Luiz expired on 25/5/1976. Their first son, Dennis Luiz died on 8/4/199 Plaintiffs are the legal heirs of Dennis Luiz. The first defendant in the suit is the second son of S.P.Luiz and Dorris Luiz. Defendants 2 and 3 are the daughters. The first defendant died during the pendency of the suit and accordingly, his wife and children were impleaded as additional defendants 4 to 10. 11th defendant who is impleaded subsequently is another daughter of the couple. The plaintiffs claimed 1/4th share in the property being the legal heirs of the deceased who had on their death became the co-owners of the property.

(3.) The 2nd defendant filed a written statement inter alia contending that the plaint A schedule property belonged to M/s Southern College of Engineering and Technology, a partnership firm registered under the Indian Partnership Act. Since the plaintiffs and other defendants are not partners of the firm, they have no right in the management of the College or its assets. It is further contended that by virtue of a family arrangement, certain items of properties at Broadway, Ernakulam was set apart to the share of the 3rd defendant and the Kalamassery property has been allotted to the second defendant. Reference is also made to a suit filed by defendants 2 and 3 as OS No.65/2000 seeking to restrain the legal heirs of Edward Luiz from interfering with the administration of the College. It is submitted that the suit was decreed by virtue of a compromise which has become final.