C.K.RAVINDRAN Vs. C.K.JANAKI AMMA

JUDGEMENT

(1.) 1st defendant in O.S.No.78 of 2002 before the Court of Subordinate Judge, Thalassery is the appellant. Plaintiffs and 2 nd defendant are the respondents.

(2.) Heard the learned counsel for the appellant and the contesting respondents.

(3.) A suit for partition was laid before the court below with the following averments. Plaint schedule property belonged to deceased Narayanan Nair, who was the husband of 1 st plaintiff and father of other plaintiffs and defendants. Property originally belonged to Narayanan Nair's father Kannan Nair and the latter had executed a gift deed in favour of the former which is produced as Ext.A1. Narayanan Nair died on 11.05.1993. On his death, the property devolved on his wife and children. It is alleged that the 1 st defendant/appellant was managing the property for and on behalf of other co-owners. Plaintiffs 1 and 3 were residing along with the 1st defendant and his family in the plaint schedule property. But, on account of the ill-treatment meted out by the 1st defendant's wife, they had shifted their residence. Hence, they filed a suit for partition.