MADAMBATH ROHINI Vs. DEVI

JUDGEMENT

(1.) A.F.A No. 13 of 1995 is filed against the judgment and decree in A.S. Nos, 238 and 368 of 1983, while A.F.A. No. 30 of 1995 is filed against the judgment and decree in A.S. No. 144 of 1985 of this court. A.S. No. 238 of 1983 and A.S. No. 368 of 1983 were filed against the judgment and decree in O.S. No.246 of 1979 of the Sub court, Kozhikode, while A.S. No. 144 of 1985 was filed against the judgment and decree in O.S. No.244 of 1979 of the Sub Court, Kozhikode. O.s. Nos. 246 and 244 of 1979 were disposed of together by a common judgment.

(2.) O.S. No. 244 of 1979 was a suit for recovery of possession on the strength of title instituted by one Devi, who is the wife of one Vasudevan. The suit was filed against one Madhavan and his wife Rohini. O.S. No. 246 of 1979 was a suit field by Devi for partition and separate possession over three itmes of properties in that suit. The averments in O.S. No.244 of 1979 are as follows.

(3.) Plaint Schedule items 1 and 2 were purchased by the plaintiff's husband by registered document No.1192/53 of the Joint Sub Registry, Kozhikode and was being kept in his possession. Item No.3 was purchased by him by registered deed No.113/53 and he was in possession thereof. The above three items were the self- acquisitions of Vasudevan. Vasudevan was doing business in Ceylon and used to visit the native place frequently. Vasuedevan married the plaintiff according to customary rites on 7.3.1948 and they were residing as huband and wife. After Vasudevan left for Ceylon in 1969, nothing was heard of him. Though the Indian High commission office in Ceylon was contacted in 1969 they replied that there was no information about Vasudevan. The plaintiff believed and it is the legal presumption also that Vasudevan is dead.