PRINCELAL C. Vs. G. PRASANNA KUMARI

JUDGEMENT

(1.) THE common appellant in these appeals filed under O.XLIII R.1(u) CPC is the 3rd defendant in OS No. 393 of 1989 on the file of the Munsiff's Court, Kollam. The said suit as originally filed was one for a declaration that Ext. A1 Will dated 14/02/1985 continues to be in force and that the plaintiff has half right over the plaint B and C schedule properties and for setting aside Ext. A2 Will dated 29/01/1988, Ext. A3 sale deed dated 29/01/1988 and Ext. A4 settlement deed dated 26/09/1988 executed by the plaintiff's mother. The suit was subsequently amended as one for partition and separate possession of the plaintiffs one fifth share over the plaint A schedule Property.

(2.) THE case of the plaintiff can be summarised as follows:

(3.) DEFENDANTS 4 and 5 also filed a joint written statement raising more or less the same contentions which were raised by the 3rd defendant.