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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S.
Narayani, (Died), W/o. K.A. Kesavan – Appellant
Versus
M.S. Sankarankutty, (Died), S/o. Sankaran – Respondent
| Table of Content |
|---|
| 1. background of partition suit and issues framed on property nature. (Para 1 , 2) |
| 2. appellants contest sthreedhanam finding; respondent defends concurrent view. (Para 3 , 4 , 5) |
| 3. no evidence for self-acquisition; husband's funds imply limited estate. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. appeal allowed; a schedule divided equally among heirs. (Para 13 , 14) |
JUDGMENT :
EASWARAN S., J.
This second appeal is preferred by defendants 2, 5 and 6 in OS No.882/2001 on the files of the I Additional Sub Court, Thrissur, a suit for partition. The suit was filed by one M.S Sankarankutty, contending that he and the father of defendants 2 to 6 are brothers and that the mother of defendants 7 and 8 is his sister. The 1st defendant is the mother of defendants 2 to 6. Plaint A schedule property originally belonged to Narayani, mother of the plaintiff. Narayani died during 1945 leaving her husband and children. Plaint B schedule property belonged to Sankaran, the father of the plaintiff. He died during 1947. After the death of Narayani and Sankaran, the plaint schedule properties devolved upon the plaintiff and the defendants. The brother of the plaintiff, Mr.Subramanian, and the sist
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