BIJI BABU Vs. BALACHANDRA PANICKER

JUDGEMENT

(1.) An order of interim injunction granted by the Munsiff's Court was interfered with by the District Court, Pathanamthitta in C.M.A. The same is under challenge in this Original Petition.

(2.) The suit is one for partition and allied reliefs. The plaint schedule property is 40.92 Ares of land with two buildings thereon. One is a residential building bearing No.395/IX and the other, a shop building No.394/IX, of Ranni, Perunad Grama Panchayat. The present dispute is essentially confined to the right over the hotel business in the shop building. The prayer in the interlocutory application, I. A. No.944 of 2017 reads thus:

(3.) The plaint schedule property admittedly belonged to one Ravindra Panicker. The plaintiffs, late Babu who was husband of 1st defendant and father of defendants 2 and 3, and the 5th defendant are the children of Ravindra Panicker. Ravindra panicker died in the year 1986. His wife, Gouriamma died in the year 2017. Babu, the husband of the 1st defendant and father of defendants 2 and 3 died on 20.12.2016. It appears that thereafter dispute arose between the plaintiffs on one part and the 1st defendant on the other, regarding the right over the business in the shop building. On the death of Ravindra Panckier and his wife Gouriamma, the plaint schedule property devolved on the plaintiffs, defendants 1 to 3 and 5th defendant as legal heirs. Has the right over the business conducted in the shop building also became vested/devolved upon all of them, is the question. The said issue is to be decided in the suit after a full fledged trial based on the rival contentions. Apparently, rights over the entire plaint schedule including the buildings would vest on all the legal heirs of Ravindra Panicker, i.e., all the parties to the suit except the 4th defendant. Undisputedly, during the life time of Ravindra Panciker he was conducting business in the shop building. According to the plaintiffs on his death his wifeGouriamma and children were jointly conducting the business. It is admitted that late Babu was residing in the residential building situated in the plaint schedule property with his mother Gouriamma and defendants 1 to After the death of the mother and Babu, the 1st defendant with her children defendants 2 and 3, are admittedly residing in the said residential house. While the plaintiffs claim that all the legal heirs of Ravindra Panicker are jointly conducting the business in the shop room in question, the 1st defendant claims exclusive right over the business.