RAPPAI Vs. LONAPPAN

JUDGEMENT

(1.) The legal representatives of the deceased first defendant in a suit for partition are the appellants in the second appeal.

(2.) The suit property measuring 2 and 16/64 cents belonged to Kunjhelia, the mother of the plaintiff and defendants 1 and The plaintiff and defendants 1 and 2 are the sons of Kunjhelia. She had three daughters as well. Kunjhelia had executed a registered will on 14.11982 bequeathing the suit property to the plaintiff and defendants 1 and She died on 10.10.1990. Ext.A1 is the will executed by Kunjhelia. It was provided in Ext.A1 will that the plaintiff and defendants 1 and 2 shall pay certain amounts to their sisters named therein. The case of the plaintiff is that on the death of Kunjhelia, the suit property devolved on the plaintiff and defendants 1 and 2 and they are entitled to 1/3rd share each in the suit property. The suit was for partition of the 1/3rd share of the plaintiff in the suit property.

(3.) The first defendant contested the suit contending that there was an arrangement in the family by which the plaintiff and the second defendant had released their rights over the suit property in favour of the first defendant and therefore, the suit property is not partible. Ext.B1 document was produced by the first defendant to establish the case of family arrangement set up by him.