KALARIYADUTHA MADUKKANDY MUHAMMED Vs. KANNANGAT ELAMBILAT MUHAMMED KUNHI

JUDGEMENT

(1.) This second appeal by the plaintiffs is against the concurrent decision of the courts below dismissing their suit for partition of one item of property 28 cents in extent. The property belonged to one Chadayankutty who sold the same to his sister Ayisumma and her children Sainaba and Mariyumma. The 1st defendant is the son of Sainaba and the plaintiffs are the children of Chadayankutty. Defendants 2 to 7 are the wife and children of Moideen, brother of Chadayankutty and Ayisumma. The plaintiffs claim that on the death of Ayisumma and Maryiumma their father Chadayankutty inherited 21/72 shares in the suit property and on his death his fractional right devolved on the plaintiffs. They seek partition and separate allotment of 21/72 shares in the suit property.

(2.) The suit is contested by the 1st defendant. According to him, Ayisumma had orally gifted the property to him and he is in possession of the same in his own right. He has also pleaded that the rights if any of the plaintiffs and other sharers are lost by adverse possession and limitation.

(3.) Both the courts below have concurrently found against the oral gift pleaded by the 1st defendant. The suit was however dismissed accepting the 1st defendant's plea of adverse possession. it is against this that the plaintiffs have come up in second appeal.