NEELAMMA Vs. ANANCHI PILLAI

JUDGEMENT

(1.) THIS is an appeal made by defendants 1, 3 and 4 against the preliminary judgment and decree of the Second Judge, Nagercoil district Court, dated 28th Vrischikam 1122 (13th December 1946) directing partition and delivery of a halfshare in some of the properties described in the schedule to the plaint to the plaintiff (1st respondent) setting aside a deed of settlement (Ex. A) executed by the 1st defendant in favour of defendants 3 and 4 and their mother (2nd respondent) who was the 2nd defendant in the court below.

(2.) THE parties are Hindus. THEy belong to a special sect called 'krishnan Vaka'. It is admitted that they are governed by Mitakshara hindu Law THE sub joined geneological table shows the relationship of the parties.

(3.) THE 1st defendant denied the averment that plaintiff lived with Kulasekhara as his wife. It was stated that soon after Perumal's death the plaintiff abandoned her husband's house, went back to her father's house and lived there thereafter, without having ever come to or having had any enjoyment of the family properties which were in the 1st defendant's possession ever since Marthanda's death as at that time both the sons were minors. It was contended on these facts that the suit was barred by limitation and adverse possession. Whether any of the sons attained majority is not clear upon the evidence nor is it material for purposes of this case. That there was no division between the sons is the common case of both the parties. Plaintiff's claim to the mortgage right over item No. 2 as her own was admitted.