ELAMBILAN NANI AMMA Vs. MULAVANA ANTONY

JUDGEMENT

(1.) This Regular Second Appeal arises from the judgment and decree dtd. 28/7/2006 in A.S.No.71 of 2003 passed by the Additional Subordinate Judge's Court, Thalassery. The Appeal Suit arose from the decree and judgment of the Munsiff Court, Kuthuparamba, in O.S.No.141 of 1997.

(2.) The defendants are the appellants. During the course of the proceedings, the respondentplaintiff died. His legal representatives were impleaded as additional respondent Nos.2 to 9.

(3.) The plaintiff instituted the original suit for declaration of title, fixation of boundary and consequential injunction with respect to the plaint schedule property. The plaint schedule property is 15.89 cents of land in Re-Survey No.911 (Old Survey No.25) of Payam amsom. The plaint schedule property originally belonged to late Krishnan Nambiar. After his lifetime, his wife Parvathi Amma and defendant Nos.1 to 3, his children and one Velayudhan Nambiar succeeded to the property. A small strip of land on the northern boundary of the property was utilised for the construction of a road. Originally, Krishnan Nambiar had possessed 75 cents of property. Seven cents of land was surrendered for the construction of the northern road. He retained the remaining 68 cents in his possession. The legal representatives of Krishnan Nambiar executed partition deed No.34691979, by which the property was partitioned among them. Parvathi Amma, wife of Krishnan Nambiar, received cash in lieu of her share. Thus, the entire 68 cents were shared equally among the other four persons, each obtaining 17 cents. Velayudhan Nambiar and defendant Nos.2 and 3 took their share in single plots measuring 17 cents each. Defendant No.1 took her share in two plots item No.1, containing 2 1/2 cents, and item No.2, measuring 14 1/2 cents.