RAVINDRAN P R Vs. LAKSHMI

JUDGEMENT

(1.) The appellant herein is the plaintiff in O.S.No.260 of 2009 on the file of Additional Subordinate Judge's Court, Palakkad. The suit was filed for partition of the plaint schedule properties. The parties herein are the legal representatives of late Raman, who died on 08.12.2008. The appellant and respondent Nos.2 to 4 are the children of late Raman and the first respondent is his wife, who is the mother of the other parties herein.

(2.) The suit has been filed by the appellant for partition. The brief facts of the case are as follows:

(3.) Per contra, the respondents contended that item Nos.1 to 7 in the plaint schedule properties were bequeathed to respondents 2 and 3, as per Ext.B1 will executed by the father, late Raman. It was also contended that the plaintiff/appellant had not acquired any right over the plaint schedule properties. Hence, the respondents prayed for dismissal of the suit. It was also contended that item No.8 of the plaint schedule properties is not in existence. Relying on the evidence of PWs 1 and 2, Exts.A1 and A2 and B1 to B10, the lower court dismissed the suit finding that respondents 2 and 3 had obtained title to the properties on the strength of a Will alleged to have executed by their father, late Raman. Aggrieved by the judgment and decree of the lower court, the appellant has preferred this appeal before this Court alleging that the impugned judgment is not sustainable in law.