KOCHI Vs. KANDU

JUDGEMENT

(1.) This appellant is admittedly the daughter of one Ittiri by his wife Kunji. She was born in the year 1062 and her father Ittiri died in 1068 and two years later his wife Kunji also died. Ittiri had a brother Ittaman. His wife was Kurumba and Kurumba had four sons and two daughters. The 1st and 2nd defendants are two of the sons. Defendants 3 and 4 are the children of another deceased son of Ittaman, Ayyappakkutty. Defendants 5 and 6 are the children of the 2nd defendant and the fourth son of Kurumba who was also called Ittiri. He was dead at the time of the suit. The 7th defendant is the daughter of Ittaman, the other daughter having died before suit.

(2.) The appellant claimed that some of the plaint properties were acquired jointly in the names of Ittiri and Ittaman during the life-time of the former and from the income from those properties, the other plaint items were acquired. According to her, she was the only daughter of Ittiri and since Ittiri had no sons, she was entitled to a half share in the plaint properties. This claim was opposed by defendants 1 to 6, who filed a joint written statement. It is their contention that Kurumba was the common wife of Ittiri and Ittaman, that Kurumba was married by Ittiri and Ittaman and that after four children were born to them, Ittiri married Kunji. It was, therefore, contended that the sons of Kurumba must be treated as the children of Ittiri also and that the plaintiff was not entitled to any share, the sons having excluded the daughter. They further contended that in any view of the matter, the properties were being enjoyed by them and their predecessors in interest after the death of Ittiri in 1068, as if they alone were entitled to those properties, and that to the knowledge of the plaintiff and that they had been exclusively taking the usufructs therefrom and had also been treating the properties as their family properties and dealing with them as such with the result that there had been ouster and that the plaintiff's claim, if any, was barred by limitation and adverse possession.

(3.) The court below found that Kurumba was the common wife of Ittiri and Ittaman and also that there had been ouster of the plaintiff and consequently dismissed the suit.