"C.R."

Thottathil B.Radhakrishnan, J.

1. Ambujakshy Amma and Madhava Menon had only one son, Jayaraja Menon @ Rajan Menon. The plaintiffs are his daughters through Sarasija @ Omanakunjamma. The parents of the plaintiffs were granted divorce as per Ext.B6 order dated 18.12.1981 by the competent court on an application under Section 13 B of the Hindu Marriage Act, after fairly long drawn contentious proceedings for divorce even before this Court. Thereafter, Rajan Menon married the first defendant on 16.6.1982 (Ext.B5 is the marriage certificate). He, thereafter, died on 17.1.1983. The second defendant was born to the first defendant and Rajan Menon. There is no dispute on this.

2. In 1993, that is, more than 10 years after the demise of Rajan Menon, the plaintiffs sued for partition of what they described as the estate left behind by Rajan Menon.

3. In answer, the defendants contended that Rajan Menon had executed Exts.B3 and B4 in favour of the plaintiffs on 23.4.1981, and it was on that consensus, that the mother of the plaintiffs agreed for the divorce and Exts.B3 and B4 were executed essentially in terms of that family settlement, as a result of which, the plaintif