JOSHUA Vs. SUBBALEKSHMI AMMAL

JUDGEMENT

(1.) This second appeal has arisen from a suit for declaration of title to property and for setting aside a decree and execution proceedings in regard thereof.

(2.) The plaintiffs' case is as follow : The suit properties belonged to their joint family as ancestral assets when the Travancore Christian Succession Act, II of 1092 came into force. As a result of that Act, the family became divided, the father and the children becoming tenants-in-common with equal shares. Subsequent thereto, David, the father of the plaintiffs, hypothecated the properties and brought about the decrees in O. S. Nos. 1794 of 1110, 223 of 1106 and 1195 of 1105 for enforcement of those encumbrances. On the death of the judgment debtor, David, the plaintiffs were impleaded as his legal representatives, whereupon they contended that their 3/5th share in the suit properties were not bound by those hypothecations or the decrees based thereon or the execution proceedings following the same. The court below dismissed their objections and allowed the execution proceedings to be proceeded with. Plaintiffs have therefore instituted this suit for a declaration of their right to 3/5 share in the suit properties free of the decree and execution proceedings aforesaid. The defence was that the suit properties were not ancestral properties in the hands of David but were his separate properties liable to be proceeded against, for his liabilities.

(3.) The Munsif decreed the suit; but, the Additional District Judge dismissed the same. Hence this second appeal by the plaintiffs.