GOPALAN Vs. PAILY MAPPALA

JUDGEMENT

(1.) O.S. No. 100 of 1124 of the District Court of Anjikaimal from which this appeal arises was a suit for partition of the properties left behind by one Kunjan, a Marumakkathayee Ezhuva who died intestate subsequent to the passing of the Cochin Marumakkathayam Thiyya Act, VIII of 1107. The plaintiff is the appellant before us and the only question for consideration is his contention that Ikkali and Pappi, the half sisters of Kunjan's father, are entitled to a third share each in the estate of the deceased Kunjan. This contention has been repelled by the court below and hence this appeal.

(2.) For the purpose of deciding this case we need not go farther back than Thanthi who had two wives. By his first wife he had a son called Kuttan. By his second wife he had a son called Kesavan and the two daughters, Ikkali and Pappi, mentioned above. Kuttan married Lekshmi and Kunjan was their son. Lekshmi has a sister, Kali and she, Ikkali and Pappi were the only three persons who were alive at the time of Kunjan's death in 1109 and through whom shares are claimed in the present litigation. The plaintiff is an assignee of the rights of Ikkali and Pappi and the defendants of the rights of Kali.

(3.) It is admitted by the plaintiff that Kali, the sister of Kunjan's mother, Lekshmi, is entitled to a third share under the Act, and the only question in controversy is whether the half sisters of Kunjan, Ikkali and Pappi, are similarly entitled to a third share each in the estate of the deceased Kunjan.