LUDINA PAVANAKUMARI Vs. THANKAMMA JOHN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Single Judge of the Kerala High Court, who allowed the second appeal preferred by the respondents, reversed the decree passed by the lower appellate Court and restored the preliminary decree passed by the trial Court for partition of the plaint schedule property.

(2.) George Puthukkery was granted Kuthakapattam right in respect of the suit property (land measuring 5.125 cents) comprised in survey Nos. 8328 and 8329 situated in Quilon for a fixed period of 12 years commencing from 20.10.1949. He is said to have made some construction and lived with his two daughters, namely, Mariamma John and Thankamma John (respondents herein) and son, Stephan George Puthukkery. George Puthukkery died in 1958/1959 (in the judgment of the trial Court, the year of death has been shown as 1959 whereas in the judgment of the lower appellate Court, the year of death has been shown as 1958). During his lifetime, George Puthukkery married both the daughters.

(3.) After the death of George Puthukkery, the land remained in possession of his son, Stephan George Puthukkery, whose daughter is the appellant. He paid tax and also raised construction after obtaining permission from the municipality vide memo Ex.B-8 dated 11.12.1963 and started residing in the building. He also set up Marama Chikitsalayam in the same year. Kuthakapattam right is said to have been given to Stephan George Puthukkery over 22.875 cents land comprised in survey Nos. 8328 and 8329 including 5.125 cents in respect of which Kuthakapattam right was given to his father in 1949. After 14 years, the land was assigned to Stephan George Puthukkery vide G.O. Rt. No. 853/77/RD dated 2.6.1977 issued by the State Government under Rule 9(2) of the Kerala Government Land Assignment Rules, 1964.