LAWS(KER)-2002-2-3

NULLIKKODAN Vs. AYISUMMA

Decided On February 13, 2002
NULLIKKODAN Appellant
V/S
AYISUMMA Respondents

JUDGEMENT

(1.) THE plaintiffs in a suit for partition are the appellants in this appeal. Plaint A schedule properties along with other properties belonged to a thavazhi tharvard of the plaintiffs and defendants. THEre was a suit for partition as O. S. No. 150 of 1950 before the Sub Court, Thalassery, and plaint A schedule properties were allotted to the group consisting of Amina and her children and grand-children. Amina was the first plaintiff in that suit. Plaintiffs 2 to 6 in that suit were her children and plaintiffs 7 to 11 were the children of the third plaintiff. That the property was allotted to the natural group consisting of Amina and her children in the earlier partition decree is not disputed in this case.

(2.) THE plaintiffs claimed share in the plaint schedule properties on the basis that the properties are co-ownership properties and since there was a severance of status of the joint family by the decree for partition in O. S. No. 150 of 1950, there is no joint family in existence and the shares allotted to the sharers in the earlier suit must be divided among the sharers and their legal representatives according to the Muslim Shariat law. On that basis the plaintiffs claimed 2117/8 shares out of 380.

(3.) THE trial court found that the allotment to the group of Amina and her descedents would enure the benefit of her thavazhi and the plaintiffs are entitled to get only 41/2 shares out of 30 and defendants 2 to 22 are entitled to get 251/2 shares in the group. THE question of tenancy set up by the 23rd defendant was referred to the Land Tribunal under S. 125 (3) of the Kerala Land Reforms Act and the Land Tribunal found that the 23rd defendant is entitled to tenancy right and adopting the finding of the Land Tribunal, the trial court reserved the right set up by the 23rd defendant.