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2010 Supreme(Ker) 971

M.N.KRISHNAN
Pushpavathy – Appellant
Versus
Anirudhan – Respondent


Advocates Appeared:
For the Appellant : R.S. Kalkura
For the Respondents: Abraham Mathew (Vettoor), J. Johnson & V. Suresh

JUDGMENT :

This is an appeal preferred by the plaintiff in O.S.No.377/1996 on the file of the Subordinate Judge's Court, Nedumangad against the judgment and decree dismissing a suit for partition. The brief facts necessary for the disposal of the appeal are stated as follows:

2. Admittedly the plaint schedule property belonged to one Sidhardhan. It is also admitted that Sidhardhan committed suicide. At the time of death of Sidhardhan, he did not have wife and children or his mother. But was survived by his sister - the plaintiff, Soman -D1, Viswanathan D2 and Anirudhan D3. During the pendency, Soman died and his legal representatives are impleaded as D6 and D7, Viswanathan (D2) died and his legal representative is impleaded as D8. It is the case of the plaintiff that on the death of Sidhardhan as per the provisions of the Hindu Succession Act, the property had devolved upon her and D1 to D3 and therefore she is entitled one out of three shares in the plaint schedule property.

3. On the other hand, the defendants would contend that the plaintiff does not have any right in the property of deceased Sidhardhan for the reason that before the death of Sidhardhan, he had executed a Will whic










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