SIVANANDA PRABHU Vs. S.N. GOVINDA PRABHU

JUDGEMENT

(1.) The appellants are the plaintiffs in a partition suit filed before the Additional Subordinate Judge's Court, Irinjalakuda. By the judgment impugned in this appeal, the suit was dismissed by the trial court, finding that the property in question is not partible.

(2.) For the sake of convenience, the parties will be hereinafter referred to according to their status in the trial court. An extent of 2.15 acres of land (the plaint scheduled property) in Kodungallur Village belonged to one Rama Pai as per Ext. A1. It was his self-acquired property. Rama Pai had one female child, namely Yasodamma, and one male child, Hari Pai. In the year 1965, the plaint scheduled property was sold to defendant Nos. 1 to 3, a firm and its partners, by Hari Pai together with his wife and children, through a registered sale deed (Ext. A2). Rama Pai and his family were governed by the Mitakshara law in the matter of succession.

(3.) As the above 2.15 acres of land was the selfacquired property of Rama Pai, it was contended by the plaintiffs that, on his death, the rule of survivorship in the Mitakshara coparcenary law was not applicable for the devolution of interest, and hence the property would devolve upon Yasodamma and Hari Pai jointly. Being the legal heirs of Yasodamma, the plaintiffs and defendant No. 4 would get a half share over the said property, and defendant Nos. 1 to 3 would represent the remaining half share of Hari Pai. Accordingly, the property was claimed to be partible. It was further contended by the plaintiffs that, as Rama Pai died after 1956, the property had to be partitioned as per Sec. 6 of the Hindu Succession Act, 1956 ("the Act, 1956", for short), as amended in 2005.