LEELAMMA Vs. T.G. RAVEENDRAN NAIR

JUDGEMENT

(1.) Defendants in a suit for partition are the appellants. The suit property measures 47 = cents. It originally belonged to one Narayanakurup and his sister Gowrikuttyamma obtained as per Ext.A1 Otti assignment deed of 1966. Gowrikuttyamma is the mother of the first defendant's husband. Undivided half right of Narayanakurup was assigned to his nephew-the plaintiff, as per Ext.A2 of 1996. On the death of Gowrikuttyamma, her undivided half right devolved upon the defendants, who are the wife and children of Gopinathakurup, the deceased son of Gowrikuttyamma. Thus the plaintiff contended that he has got half right over the entire 47= cents covered by Ext.A1.

(2.) The defendants contended that out of 47= cents mentioned above, one half measuring 23 cents being the northern portion was obtained by Gowrikuttyamma and her deceased son as per Ext.B2 document of 1959. It was stated that on the southern side of the suit property, plaintiff has got 9 cents of land, which is not part of the suit property. It was further stated that, to the north of the 9 cents referred to above, first defendant's husband obtained 3 cents as per a release deed of 1985. It was also sated that Gowrikuttyamma had 9 cents of kudikidappu land on the north-western side and it is outside the plaint schedule property.

(3.) It was found by the courts below that parties are bound by Ext.A1 which is in respect of the entire suit property, whereas Ext.B2 is only in respect of the northern half measuring 23 cent. The contention that Narayanakurup had only half right over the southern half measuring 23 was found against. It was also found by the courts below that since the entire plaint schedule property was outstanding on mortgage right as per the mortgage deed No.1600/1113 ME, Gowrikuttyamma and her son had obtained, as per Ext.B2, only the equity of redemption in respect of the northern 23 cents of land.