KANJANAVALLI Vs. CHIRUTHA AMMA

JUDGEMENT

(1.) Plaintiff is the appellant. Suit is for partition of 3 items of properties which originally belonged to one Choyi who died in 1961. Plaintiff is the granddaughter of Paru, the second wife of Choyi, through Paru's daughter Devaki. Defendants 1 to 8 are the first wife of Choyi and their children. According to the plaintiff, the parties are in joint possession of the property and she is entitled to 1/9 shares.

(2.) Defendants contended that Paru was not the legally wedded wife of Choyi. Though Choyi died in 1961, no claim was ever made by the plaintiff and the allegation that they are in joint possession is also denied. Regarding item No. 1 it was contended that Choyi had executed a registered Will Ext. B-1 on 4th August 1930 bequeathing that item of property to defendants 1 to 4 and children to be born to the 1st defendant. So far as item No. 3 is concerned, according to them, it was gifted by Choyi to the 1st defendant under Ext. B-5 gift deed dated 4th September 1945. Thus they prayed for the dismissal of the suit.

(3.) The Trial Court decreed the suit, but in appeal the lower appellate court reversed the decree in respect of items 1 and 3, accepting the case of the defendants that the plaintiff will not get any right over the properties in view of Ext. B-1 Will and B-5 gift deed executed by Choyi. So far as item No. 2 was concerned, the decree of the Trial Court was confirmed on the ground that the plaintiff will be entitled to a share over the same by virtue of the provision contained in S.16 of the Hindu Marriage Act. The plaintiff has come up in appeal against the decree dismissing the suit in regard to items 1 and 3. Defendants have not challenged the decree in respect of item No. 2.