ARMANDO PEREIRA Vs. JUDE D SOUZA

JUDGEMENT

(1.) RULE, returnable forthwith.

(2.) THIS writ petition challenges the order dated 10. 02. 2009 dismissing the application of the defendant no. 1 and 2, in the suit claiming that the suit abated upon the death of three of the five plaintiffs. The plaintiff no. 1, 3 and 5 expired without leaving behind their respective heirs or legal representatives. The plaintiff no. 2 and 4 remained.

(3.) THE suit is filed for a declaration that plaintiff no. 1 to 5 and defendant no. 3 and 4 are coowners in respect of the suit property. The plaintiff no. 1 to 5 claim a half share in the suit property. The defendant no. 3 and 4 are stated to be having the other half share. Hence the plaintiffs together claim 50% share in the suit property. Each of the plaintiffs would therefore, have 10% share in the suit property if the plaintiffs' contention of co-ownership is upheld.