JUDGMENT

ASOK KUMAR GANGULY, J. —

CIVIL APPEAL NO.7226 OF 2002

1.This appeal is directed against the judgment of the Division Bench of the Kerala High Court dated 6th December, 2000 rendered in Miscellaneous First Appeal No. 44 of 1990.

2.The dispute is over some of properties bequeathed by the Will dated 8.5.1967 by one Kakkassery Ippuru.

3.The material facts on which there is not much dispute are that the testator Ippuru’s first wife Kunhiri died, leaving behind daughter Molutty and son Vareed who died on 8.1.86. The wife and children of Vareed, since deceased, are the plaintiffs. The second wife of Ippuru, Kunjila, is the 7th plaintiff. She has two daughters Mariyamma, the 8th plaintiff and the other daughter is Padmini @ Cherichi, the defendant and respondent herein.

4.By a sale deed, being Exhibit-B1, dated 2.5.67, Kunjila, the second wife of Ippuru, sold to Ippuru half of her rights in respect of item Nos. 4 to 7 of the properties in the Will bequeathed by Ippuru. The other half of the property belonged to her son Vareed. Both the sale deed and the Will were registered on 8.5.1967, Ippuru died on 20.7.71.

5.In the Will of Ippuru, seven items of properties were bequeathed and out of