SUBBIAN VERSU KOLAMMA Vs. STATE

JUDGEMENT

(1.) This second appeal arises from a suit for recovery of the amount due under a simple mortgage Ext. A. dated 8.11.13 executed by the 1st defendant who died after the institution of the suit, in favour of her deceased daughter Sivakami, at the time of her marriage to the plaintiff. It was stated in the deed that it was executed in lieu of ornaments to be given to her. Sivakami died without children. The plaintiff, alleging to be the sole heir of Sivakami sued for recovery of the principal and interest due under the deed. Defendants 2 and 3 were impleaded as persons having some interest in the mortgaged property, and additional defendants 4 to 7 as the daughters of the 1st defendant.

(2.) The 7th defendant to whom the mortgaged property had been conveyed by her sisters, contested. She contended that the mortgage deed was not supported by consideration as Sivakami did not make any ornaments, that the parties belonging to the Chalia caste and according to the custom prevailing among the Chalias of South Travancore the plaintiff was not the heir of Sivakami. She claimed absolute title to the property under sale deed executed in her favour by her sisters.

(3.) The Trial Court passed a decree holding that the custom pleaded by the 7th defendant was not proved. On appeal by the 7th defendant, the District Judge held that the amount represented the price of ornaments and was "Sulka", which descended on Sivakami's death to her mother the 1st defendant. The Trial Court's decree was reversed and the suit was dismissed. The plaintiff has preferred this second appeal from this decree.