NARAYANAN NEELAKUTTY AND OTHERS Vs. KRISHNAN VENKI AND OTHERS

JUDGEMENT

(1.) PLAINTIFFS are the appellants. The suit out of which this second appeal arises was one for partition. The parties are Valas whose occupation is fishing. Three items are sought to be divided. The first and the third are fishing stakes for which pattas are issued. Patta for the first item was issued in the name of Venki the plaintiffs' grandfather, and the patta for the other item in the name of Mani, their grandmother. The second item is a building put up on a lease -hold property.

(2.) VENKI and Mani had four sons, Neelakutti, Karamban, Krishnan and Sanku, the last of whom predeceased his parents. The plaintiffs who are five in number are the children of the first son Neelakutty by his first wife. He had another daughter, the 5th defendant, by his second wife. Karamban died leaving as his heir his only daughter Vallikutty. Her rights were transferred to the" plaintiffs under Ext. A on 8 -10 -1123. Plaintiffs claim a 2/3rd share on the above basis denying that their sister, the 5th defendant, was entitled to any share. Krishnan is the first defendant.

(3.) THE plea in the case was that the second item is the self -acquisition of Krishnan, the first defendant, and that it is not divisible. In the suit, the plaintiffs had impleaded only three defendants, the 2nd and the third being mortgagees of the properties sought to be divided. The 4th defendant claiming to be the daughter of the deceased Sanku, the last son of Venki, and the 5th defendant, the plaintiff's sister, applied by C.M.P. 971/1124 to get themselves impleaded as parties defendants in the case.