KANNAN NAMBIAR Vs. NARAYANI AMMA

JUDGEMENT

(1.) THIS is an appeal against the judgment in O. S. No. 11 of 1977 on the file of the Subordinate Judge's Court, Tellicherry. The suit O. S. No. 11 of 1977 was for partition.

(2.) PLAINTIFF is the daughter of one Lakshmi Amma. Lakshmi amma had three brothers. Kunhappa alias Anandan Nambiar and defendants 1 and 2. Defendants 7 to 12 are the children of Kunhappa Nambiar Defendants 7 to 12 claim 1/4th share in the property scheduled in the plaint. They claim the property as the legal representatives of Kunhappa Nambiar. This claim is resisted by the plaintiff on the strength of a gift deed evidenced by Ext. Al. Ext. Al gift deed is dated 7-8-195 6. This gift deed is in favour of Lakshmi Amma by Kunhappa Nambiar in respect of his share in the properties scheduled in the plaint. PLAINTIFF contended that defendants 7 to 12 had no right to get share in the properties scheduled. Defendants 7 to 12 in turn raised the contention that the gift deed is not valid and genuine.

(3.) THE trial court, after considering the evidence both oral and documentary, held that the gift is genuine and by the gift, the plaintiff's mother obtained all the rights of Kunhappa Nambiar in the scheduled property.