PADMAKSHY Vs. MADHAVI

JUDGEMENT

(1.) THE plaintiff in OS No. 52 of 1992 on the file of the Sub Court, Thrissur is the appellant in this appeal. The aforesaid suit instituted by the appellant was one for partition and separate possession of 1/4 share over 8 items of immovable properties altogether admeasuring 2. 85 acres scheduled to the plaint. The properties are situated in the Vadanappilly village of Chavakkad Taluk which was part of the erstwhile South Malabar area.

(2.) ALL the 8 items of plaint schedule properties belonged to one Paran as allotted to him under Ext. A1 partition deed dated 04/11/1941. The parties are admittedly thiyas of South Malabar. Paran died in May, 1963 leaving behind him his widow Madhavi who was the first defendant who also died pending this appeal on 22/04/1998 and two daughters and one son. The plaintiff Padmakshy and the 3rd defendant Santhakumari are the two daughters of Paran and the 2nd defendant Ramakrishnan is the only son of Paran.

(3.) THE case of the plaintiff can be summarised as follows: The plaint schedule properties originally belonged to deceased Paran, the husband of the 1st defendant and father of the plaintiff and defendants 2 and 3. The plaintiff and the defendants are the only legal heirs of deceased Paran. On the death of Paran, 1/4 right over the properties devolved upon the plaintiff and the defendants each and they are in joint possession of the properties. Defendants 1 and 2 are residing in the house in the plaint schedule property. To the demand made by the plaintiff, defendants 1 and 2 were avoiding the plaintiff which necessitated the plaintiff to send Ext. A2 lawyer notice dated 24/10/1991 demanding partition. The 2nd defendant has caused Ext. A3 reply raising untenable contentions and stating that the plaintiff is entitled to get only 1/8 share. The plaint schedule property will fetch an annual income of Rs. 10,000/ -. The plaintiff, therefore, prays for partition and separate possession of her 1/4 share with future profits.