LAWS(KER)-1992-3-19

APPI AMMA Vs. N CHANDRASEKHARAN NAIR

Decided On March 27, 1992
APPI AMMA Appellant
V/S
N CHANDRASEKHARAN NAIR Respondents

JUDGEMENT

(1.) PLAINTIFFS 1 and 5 are the appellants:

(2.) THE first plaintiff is a deity and the other plaintiffs are representing the deity. According to the plaintiffs, the temple and the suit properties originally belonged to the family of the plaintiffs 2 to 5. THEre were two partitions in the family first in the year 1118 M. E. and the other in 1950 in which the plaint properties were left out in common. THE eldest member of the family was to manage the temple and properties, according to the custom. THE fifth plaintiff's father Chadayan was the priest till 1949. THEreafter, Narayanan, Chadayan's brother's son became the priest who died on 22-2-1973. Before that, on 25-4-1962 he executed a gift deed in favour of the N. S. S. Union, Nedumangad Taluk. THE first defendant in the case is the President of the said N. S. S. Union.

(3.) INTER alia, it was contended by the second defendant that Narayanan had absolute right over the property and the gift in favour of the second defendant is unassailable. It was further contended that in any event the second defendant had perfected title to the property by adverse possession and limitation.