RATNAMMA & ORS. Vs. AMMALU AMMA & ORS.

JUDGEMENT

(1.) IN Chingam 1125, before a well lit lamp, Velayudha Panicker presented clothes to Aimnalu Amma. Each garlanded the other. There was an exchange of rings. Those who witnessed the ceremony included Saradamma, sister of the bridegroom, Thankappa Panicker, a cousin of the bride and Meenakhsi, a neighbor. It has emerged from the evidence that Thankappa Panicker had married Ratnamma in the year 1128, and that Ratnamma's husband was temporarily absent for some time. Velayudha Panicker appears to have had amoral connections with Ratnamma. A daughter Padmini and a son Chandrababu were born in that connection.

(2.) AS it quite often happens, disputes between the two groups of ladies and their children arose after the demise of Velayudha Panicker, revolving on a claim to the property left by him. Ammalu Amma is the first plaintiff and her sons Thankappan and Unnikrishnan are plaintiffs 2 and 3 in the suit. The property was dealt with by Ratnamma on her own behalf and on behalf of her children under Ext. A5 sale deed dated 24 -2 -1977 in favor of the 4th defendant. Ratnamma and her minor daughter and son are respectively defendants 1 to 3. The assignee of the property is defendant No. 4. The suit was for recovery of possession of the plaint schedule property.

(3.) THE plaintiff examined herself as Pw. 1. Saradamma, Velayudha Panicker's sister is Pw. 2 and Meenakshi, the neighbor is Pw. 3. The plaintiff's cousin (son of the maternal aunt of the plaintiff) is Pw. 4. The second plaintiff gave evidence as Pw. 5. It was mainly to mark his S.S.L.C. book, in which the name of 'Velayudhan' occurred in the column relating to the name of the parent or guardian. The initials contained therein were K K. According to Pw. 5 they were denoting 'Kizhakka Kaipallil Kesava Panicker,' and was applicable to his father. Ext. A1 also is the S.S.L.C. book relating to the 2nd plaintiff, where the irate Velayudhan occurs in the column; 'name of father.' Pw. 6 Village Officer (a witness though summoned by the defendants had been abandoned by them, but permitted to be examined by the court as a plaintiff's witness as per order dated 27 -11 -1978 in I.A. No. 5025 of 1978), gave supporting evidence to show that plaintiffs 2 and 3 were the sons of Velayudha Panicker, whose marriage with the rival claimants came up for consideration in the suit.