MALLIKA THAMPURAN Vs. M.RAVI KUMAR

JUDGEMENT

(1.) The plaintiffs in O.S.No.951/2008, on the files of the II Additional Sub Court, Ernakulam, are before this Court, assailing the judgment and decree of the said Court dismissing the suit filed by them.

(2.) The appellants say that they had filed O.S.No.951/2008 before the Trial Court seeking partition of the plaint schedule property among themselves and defendants 1 to 3; as also for directions to defendants 4 to 6, who are the concerned Government officials in charge of the village records, to correct it since its tenure has been incorrectly shown therein to be 'puramboke'. The appellants say that as a consequential order, they also sought for a permanent prohibitory injunction against respondents 7 and 8, who are the Cochin Devaswom Board and its Assistant Commissioner, from trespassing into the said property who they allege are attempting to do so without any authority.

(3.) The plaintiffs have explained their title over the property by referring a partition deed, namely document No.360/1115ME of the Sub Registrar Office, Tripunithura - a copy of which has been marked on record as Ext.A16 - whereby, 27 cents of land, which, according to them includes in the plaint schedule property also, comprised of in Sy.Nos.936 and 937 of Division No.4 and which was included in H schedule thereto, was allotted to the 7 th branch of the family, of which the first defendant, his mother Smt.Ammukutty Amma and his sister Smt.Subhadra were members at that time. They say that subsequent to the partition deed, two other brothers were born, namely Sri.Girija Vallabhan and Sri.M.A.Shankar, of whom, the former subsequently died and his son Sri.Hari Prasanth M.G. is the 2nd plaintiff/2nd appellant. They further say that Smt.Subhadra also died without leaving any children of her own and therefore being survived only by her husband, defendant No.3/ respondent No.3.