KUNJIPPALU Vs. KOCHU MARIAM

JUDGEMENT

(1.) The appeal is against the final decree and judgment in a suit for partition. The 3rd defendant is the appellant.

(2.) Plaintiffs three in number, daughters of one Kannampuzha Thomma, who died intestate on 2-8-1970, claimed partition and separate possession of the shares belonging to them in the assets left by their father and described in plaint 'A' and 'B' schedules. They actually claimed 3/14 shares of the assets. The other legal heirs are defendants 1 to 4 the widow and three sons of deceased Thomma. Shares were claimed in the suit as if the parties were governed by the Cochin Christian Succession Act 6 of 1907 (hereinafter referred to as the Cochin Act).

(3.) In accordance with the provisions in the Cochin Act a preliminary decree was passed allowing partition and separate possession of 3/14 shares of the plaintiffs out of the assets found to be partible. The preliminary decree was thus passed on 25-3-1975.