VENUGOPAL KALLAT Vs. JAYAKUMAR KALLAT

JUDGEMENT

(1.) THE unsuccessful plaintiffs are the appellants in this appeal. THE plaintiffs have filed the suit against the sole defendant namely Dr.Jayakumar Kallat praying for "partition to divide the suit property into 5 equal shares by metes and bounds with reference to good and bad soil by appointing a commissioner or otherwise allotting one such share to each of the plaintiffs (totalling four shares to the plaintiffs) excluding T.S. No.18/4A3 measuring an extent of 51 cents with the building or in the alternative allotting the said portion to the 4th plaintiff and for costs." THE suit was dismissed by the Court below which resulted in the present appeal by the plaintiffs/appellants.

(2.) FOR the sake of convenience, the parties shall be referred to as Plaintiffs and defendants as they were arrayed before the Court below.

(3.) THE Plaintiffs would further contend that the fourth plaintiff got a property of her own, but the defendant, in order to harass the fourth plaintiff, has issued a notice for partition with respect to that property for which the fourth plaintiff issued suitable reply stating that she is the owner of that property. THE Plaintiffs 1 to 3 also stood by the side of the fourth plaintiff and deprecated the defendant for having issued the notice, but this has infuriated the defendant and had led to further deterioration in the relationship between the parties. Since the defendant had not fulfilled the obligation of the testator by maintaining the A Schedule property in a proper manner and therefore the character of the property become the common property, the plaintiffs have got an equal right in the entire A and B Schedule properties and the plaintiffs are deemed to be in joint possession of the suit properties . THE plaintiffs also demanded the defendant to partition the property by metes and bounds, but the same was not acceeded to by him, hence, the suit was filed.