VALLIAMMA CHAMPAKA PILLAI Vs. SIVATHANU PILLAI

JUDGEMENT

(1.) THIS is a plaintiff's appeal directed against a judgment and decree, dated 26/03/1964, of the High Court of Madras, passed in Letters Patent Appeal No. 18 of 1961. The relationship of the main contesting defendants will be apparent from the following genealogical table;

(2.) VALLIAMMA, appellant herein, is the original plaintiff. She is the grand-daughter of Madhavan. Respondents 1 to 3 are the original defendants 1 to 3. They are the grandsons of Sivathanu. The properties in dispute are items 31 to 42 and 44 detailed in the plaint.

(3.) DEFENDANTS 1 to 3 resisted the plaintiff's suit, inter alia, on the ground that even if the courts come to the conclusion that the division of the joint family status alleged by the plaintiff was true, the plaintiff would not be entitled to recover her half share in the plaint Schedule, items 31 to 42 and 44, because the period of limitation for redemption to these mortgages, under the Travancore Limitation Act was 50 years, which had expired long before the filing of the suit.