ELAMBILAKKAT CHANDRASEKHARAN Vs. MOROTH SEEMANTHINI

JUDGEMENT

(1.) Defendants 1, 3 and 5 in O. S. No. 370 of 1980 on the file of the Subordinate Judge's Court, Kozhikode are the appellants herein.

(2.) Plaintiff is daughter and first defendant is son of Korappan who died in 1960. His wife died in 1954. Fifth defendant is wife of the first defendant and defendants 2 to 4 are their children. Defendants 6 and 7 are said to be persons in possession of a portion of the suit property by virtue of alienations effected by first defendant. Sixth defendant died pending suit and defendants 8 to 14 are his legal representatives. Admittedly parties belong to Thiyya Community of Kozhikode District.

(3.) There is no dispute that suit properties were ancestral properties in the hands of Korappan and the latter was the kartha of the family. According to the plaintiff, on Korappan's death in 1960, according to the provisions of the Hindu Succession Act, 1956, his interest, namely, half right devolved on plaintiff and first defendant as coowners and, therefore, plaintiff has one-fourth share and the remaining three-fourth right belongs to first defendant. On these averments plaintiff sued for partition. Defendants 1, 3 and 5 contended, inter alia, that Korappan's interest did not devolve on plaintiff and first defendant under the provisions of the Hindu Succession Act, but devolved on the first defendant by survivorship and, therefore, plaintiff has no share, that the provisions of the Hindu Succession Act do not apply to the instant case and plaintiff's suit is barred by adverse possession and limitation.