A. BAIJU Vs. SASIDHARAN

JUDGEMENT

(1.) The suit was for partition. The trial court dismissed it. The lower appellate court allowed the appeal filed by the plaintiff and passed a preliminary decree. The second defendant is in second appeal.

(2.) Heard Sri.T.Krishnanunni, the learned senior counsel for the appellant/second defendant.

(3.) Admittedly the suit property was held by one Vallinachi. She had taken assignment of the mortgage in the suit property in 1958 under Ext A1 mortgage assignment deed. Admittedly she became the absolute owner of the property as the right of redemption of the mortgagee was barred by the law of limitation. Vallinachi died intestate leaving behind eight children including Vasudevan, Chellappan and Bhanu. Plaintiffs 1 and 2 are the children of Vasudevan and plaintiffs 3 and 4 are the children of Chellappan. As such, they claimed partition of the suit property.