PENUKKA Vs. KELUKKUTTY

JUDGEMENT

(1.) This is an appeal by defendants 4 to 8 and 30 against the decree and judgment of the learned Subordinate Judge, Tellicherry in O. S. 72/1952 holding that the plaintiffs are entitled to a partition of items 1 to 10 and 12 of the plaint B schedule.

(2.) One Kelu had 5 sons namely, Chathunni, Unni (1st defendant), Kelukutly, Cherutty and Kunhikrishnan (defendant 2). Unni the 1st defendant has no male issues and defendants 4 and 7 are his wife and daughter. The 8th defendant is a son of the 7th defendant. Kelukutty appears to have died some time in April-May 1951 just prior to the present suit. The 1st defendant Unni died during the pendency of this suit and his wife and daughter are defendants 6 and 5 respectively.

(3.) The three plaintiffs and the 3rd defendant are the sens of Chathunni, the eldest son of Kelu. The 9th defendant is an assignee of the rights of the 3rd defendant. The 10th defendant claims as a legatee of the rights of the 1st defendant in item 1 of plaint-B schedule.