KALLIANI Vs. SAROJINI

JUDGEMENT

(1.) THE plaintiff in O.S. 2841 of 1987 before the Munsiff's Court, Irinjalakuda is the appellant. THE appellant died during the pendency of the Second Appeal and her legal heir was brought on the party array as additional second appellant.

(2.) THE suit was one for partition of four items of properties. Lakshmy and Chathukutty had three children, namely, Kalliani, the first plaintiff, Narayani, the fourth defendant and Velayudhan, who is no more. His legal heirs are defendants 1 to 3. As per the plaint allegation, item No.1 belonged to Lakshmy and item No.2 to Chathukutty, who obtained it under Ext.A2 partition deed. Item Nos.3 and 4, according to the plaintiff, were taken by Chathukutty on oral lease. On the basis of these allegations, the plaintiff filed the suit claiming 1/3rd share over the suit property.

(3.) THE trial court on an evaluation of the evidence found that even assuming that the plaintiff had any manner of right, the same had been lost by adverse possession and limitation and dismissed the suit.