RAGHAVAN Vs. PADMAVATHY

JUDGEMENT

(1.) Challenging the preliminary decree for partition, the defendant is in appeal. The plaintiff has filed a cross objection challenging the finding by the trial court regarding the nature of the property and the law applicable to the parties.

(2.) The plaintiff is the sister of the defendant. They are the children of late Ayyappan. As per Ext.Al partition deed of 1955 entered into in the family of Ayyappan, the family property was divided into five equal shares and the l/5th share each of Ayyappan and one of his brothers Ravnunni Vaidhyar, were allotted together as the 'b' schedule to the said partition. Ravunni vaidhyar died in 1967 and Ayyappan died on 15.12.1997. As a legal heir, the plaintiff claims partition of / share in the plaint schedule property.

(3.) The defendants contended that the parties are governed by Mithakshara Law of inheritance, that the plaintiff, his father Ayyappan, and Ravunni vaidhyar constituted a co-parcenery. Ravunni vaidhyar executed Ext.Bl Gift Deed in favour of the defendant regarding his share over the property. The rights of Ayyappan was bequeathed by him in favour of the defendant under Ext.B3 Will. Thus, the entire property became vested with the defendant. Accordingly, he prayed for dismissal of the suit.