PACHI KRISHNAMMA Vs. KUMARAN KRISHNAN

JUDGEMENT

(1.) The 1st plaintiff is the appellant. The suit is for partition of two items of properties and for allotment of two out of three shares to the plaintiffs. The 1st plaintiff is the daughter and the defendant is the son of the 2nd plaintiff and her deceased husband Kumaran. The suit properties are joint family properties obtained by Kumaran as per Ext. B1 partition of the year 1097. Kumaran died in 1955 prior to the commencement of the Hindu Succession Act. The parties to the suit are of Pandivannan Community governed by the Hindu Mitakshara Law modified by custom. The plaintiffs pleaded a custom that an unmarried daughter is entitled to a share equal to that of a son in the joint family properties. The plaintiffs' claim two out of three shares on the basis that the two plaintiffs and the defendant are each entitled to 1/3 share in the joint family properties. The 2nd plaintiff died during the pendency of the suit. It is not disputed that she had executed a deed of gift dated 31-3-1969 in favour of the 1st plaintiff settling all her rights on the suit properties on her. The defendant denies the custom pleaded and also denies the plaintiffs' right to any share in the suit properties.

(2.) Both the courts below have concurrently found that the plaintiffs have failed to prove the custom under which an unmarried daughter is entitled to a share in the joint family properties. The courts below have also found that the 2nd plaintiff, the widow of Kumaran is not entitled to any share in the joint family properties,

(3.) On the concurrent findings of fact that the plaintiffs have failed to prove the custom as per which an unmarried daughter is entitled to a share in the joint family properties, the 1st plaintiff is not entitled to any share in her own right.