SARASWATHI AMMA Vs. RADHAMMA

JUDGEMENT

(1.) Some interesting questions of law were raised before me in this appeal filed by the defendants and the memorandum of cross objection filed by the plaintiffs.

(2.) First plaintiff is a Marumakkathayee Nair lady, who was unmarried and issueless when her tharavad got divided in December 1953. Ten items of landed properties, including the three plaint schedule items, were allotted to her share. She was married in 1957 and plaintiffs 2 to 4 were born. She is a teacher, who lived with her elder brother Parameswara Menon till she was transferred outside station. He was managing her properties and collecting rent and income on her behalf. Her share included a building, which stood in the share allotted to another member. Parameswara Menon acted as her agent for demolition of that building and constructing one in Item No.1. When he lost his own house by alienation, he was permitted to occupy that building with defendants, who are his widow and children. Menon died in 1981. Since defendants thereafter asserted title and possession, this suit was filed for recovery on the strength of title.

(3.) Defendants contended that, on the date of partition itself, in December 1953, first plaintiff agreed to sell the properties to Parameswara Menon for Rs. 20,500/- and put him in possession. The entire sale consideration is said to have been paid. Title of plaintiffs 2 to 4 was denied. Benefits of S.53-A of the Transfer of Property Act were claimed with an alternate plea of adverse possession. Prayer for recovery was thus resisted.