VIMALA Vs. JANAMMA

JUDGEMENT

(1.) THE following substantial questions of law are framed for a decision:

(2.) THE Second Appeal arises from the judgment and decree of the First Additional District Court, Mavelikkara in A.S. No.265 of 2007 granting decree in favour of the respondent- plaintiff, in reversal of the judgment and decree of the Munsiff's Court, Kayamkulam in O.S. No.391 of 2004.

(3.) THE appellant claimed that the suit property belonged to Pankajakshy, first wife of her father-in-law. The said Pankajakshy had three children, Rajan (husband of the appellant), Remani and Radha. On the death of Pankajakshy, the father-in- law of the appellant married the respondent. On the death of Pankajakshy in the year, 1956, there was partition among heir children (husband of the appellant, Remani and Radha) as per Ext.A5/B3. Remani transferred her 1/3rd right to Sujatha (daughter of the respondent) in the year, 1974. Appellant and her husband constructed building in the adjoining property. Radha, one of the legal heirs of Pankajakshy assigned her 1/3rd right to the husband of the appellant as per Ext.B2. Sujatha (daughter of the respondent) assigned her 1/3rd right (assigned to her by Remani) to the husband of the appellant. Appellant claimed to be in possession and enjoyment of the property. She also claimed that the respondent is only a licensee of the building in the suit property.