THILOTHAMAN, S/O GOPALAN Vs. JANAKI(DIED)

JUDGEMENT

(1.) These appeals arise from the common judgment in O.S No.240 of 2007 and O.S No.206 of 2009 of the Sub Court, North Paravur. O.S No.240 of 2007 is for partition filed against the appellants as defendants for partition and O.S No.206 of 2009 is filed by the 2 nd appellant as plaintiff for a prohibitory injunction against trespass. The suit for partition being the leading case, for the sake of convenience, the parties are hereinafter referred to as per their status in the said suit.

(2.) The subject matter involved in the suits is 9.30 Ares of property. The property originally belonged to Velugopalan, the husband of the first plaintiff and the father of the other plaintiffs and the first defendant. The second defendant is the wife of the first defendant. The claim for partition is challenged by the appellants relying on Ext B2 Will dated 06.10.1985 claimed to have been executed by Velugopalan. The appellants contend that, based on Ext B2 Will, a Settlement Deed-Ext B3 has been executed by the first defendant - first appellant in favour of his wife the second defendant - second appellant. It is on the basis of Ext B3 Settlement that the 2nd defendant claims injunction against trespass.

(3.) The plaintiffs challenged the genuineness of Ext B2 Will and claimed that the property is partiable.