JOSEPH Vs. MARY

JUDGEMENT

(1.) THE defendants 1 to 6 in O. S. No. 198 of 1981 on the file of the Court of Additional Subordinate Judge, Ernakulam are the appellants.

(2.) THE said suit was filed by the 1st respondent for partition. Plaintiff and defendants 1, 7 and 8 are the children of deceased manuel, the 6th defendant is the wife and defendants 2 to 5 are the children of Antony , the deceased son of Manuel. Part of the properties were acquired after the death of manuel and the case of the plaintiff is that they were acquired with the funds of the family. THE acquisition was-made in the name of deceased Antony by the plaintiff's mother. Manuel died in the year 1119 M. E. , corresponding to 1944, and the plaintiff's mother died in 1974 and Antony died in 1980. THE plaintiff was married in 1950 and the case of the plaintiff was that no 'sthreedhanam' was paid to the plaintiff. It was also alleged in the plaint that the defendants had executed partition deed settling the claim of the plaintiff also, but that does not represent her legitimate share, it was in these circumstances, the suit was filed by the plaintiff.

(3.) PLAINTIFF examined herself as P. W. 1 and on her behalf p. Ws. 2 to 6 were also examined and Exts. A1 and A2 were marked. On behalf of defendants, D. Ws. 1 to 4 were examined and Exts. B1 to B8 were marked.