ARUMUGHOM ACHARI Vs. RAJAMMA SAROJAM

JUDGEMENT

(1.) This Regular Second Appeal arises from the judgment and decree dtd. 15/11/2008 passed by the Subordinate Judge's Court, Neyyattinkara, in A.S.No.138 of 2000, which arose from O.S.No.784 of 1998 on the file of the Principal Munsiff's Court, Neyyattinkara. The defendants are the appellants. The plaintiffs are the respondents.

(2.) The Original Suit was instituted for partition and separate possession. The plaint schedule property originally belonged to Sri.Arumughom Achari, the father of the parties in the Original Suit. Sri.Arumughom Achari died on 19/5/1975. He acquired right and title over the plaint schedule property by virtue of Exts.A1 and A2 title deeds. Ext.A1 is a sale deed dtd. 23/7/1115 (M.E.), and Ext.A2 is dtd. 6/8/1121 (M.E.). After the death of Sri.Arumughom Achari, his widow, and children, were enjoying the property. The mother of the parties in the Original Suit died on 20/4/1996. The plaintiffs and the defendants were the surviving legal heirs.

(3.) The plaintiffs pleaded that as per the Hindu Succession Act, 1956, the plaintiffs and defendants are entitled to equal share over the plaint schedule property, including a building.