SUMATHIAMMA Vs. THANKAMMA

JUDGEMENT

(1.) DEFENDANTS 7 to 11 in O.S.No.15 of 1971, on the file of Subordinate Judge, Padmana-bhapuram, are the appellants.

(2.) THE plaintiffs prayed for a decree of partition and separate possession of 1"2 share of 5/32 (i.e., 5/64) of plaintiffs 1 and 2 and 44-4/9 cents of plaintiffs 3 to 10 in the suit property by metes and bounds and for recovery of the same from the defendants and for consequential reliefs. In the body of the plaint, it is stated that the entire plaint schedule property originally belonged to four houses viz., Poyvilai Veedu, Samayarathala Kunchu Veedu, Elayampara Veedu and Mampallivilakathu Veedu. Out of the four houses, Poyvilai Veedu was entitled to 5/8 share while the other three houses had "th share each in the suit property. Under Ex.A-1 partition deed dated 14.12.1922, in the Poyvilai Veedu one half of 5/8 share of that Veedu devolved on Kumaran Krishanan and other half fell to the share of Raman Pillai Ramakrishna Pillai. Plaintiffs 1 and 2 defendants 1, 3 and 4 are the heirs of Kumaran Krishna. 1st defendant is the brother of 3rd defendant. Plaintiffs 1 and 2 and 4th defendant are the children of 3rd defendant, while plaintiffs 3 to 10 are the children of 1st defendant, whose wife is the 2nd defendant. Defendants 1 and 3 have also become divided in 1110 M.E., each taking one half of 5/8. Plaintiffs 3 to 10 and 2nd defendant are together entitled to 50 cents under sale deeds dated 13.8.1964. THE share obtained by Raman Pillai Ramakrishna Pillai under the partition deed Ex.A-1 was sold to one Kesava Pillai, the deceased husband of 6th defendant in the suit. His one half right has devolved on defendants 6 to 14.

(3.) BEFORE considering the facts of the case, it is better to have a clear picture about the relationship of the parties: "DIAGRAM"