SUSAN THOMAS Vs. THOMAS KURIAN

JUDGEMENT

(1.) This appeal raises certain multifaceted questions regarding the interpretation of the Christian Succession Act, 1092 (TC) and the Indian Succession Act, 1925. The defendants 2 to 4, who resisted a suit for partition successfully, were visited with reversal of the judgment by the first appellate court and have come up in the present second appeal.

(2.) The brief facts necessary for the disposal of the appeal are as follows:

(3.) The defendants resisted the claim, contending that the provisions of the Indian Succession Act, 1925 will not apply, since the succession opened in the year 1940 on the death of Mr.Kurian Varghese and hence the provisions of the Christian Succession Act, 1092 (TC), will apply. It was further contended that, even if the plaintiff had any resemblance of share over the plaint schedule property, the same was hit by the principles of ouster. On behalf of the plaintiff, Exts.A1 to A4 were marked and PW1 and PW2 were examined. On behalf of the defendants, Exts.X1 and X2 were marked through third party and DW1 to DW3 were examined. Exts.C1 and C2 are the reports of the Advocate Commissioner. The trial court, on appreciation of the oral and documentary evidence, came to the conclusion that the provisions of the Indian Succession Act, 1925, will not apply and that going by the principles of ouster, the defendants had with the knowledge of the plaintiff opened an unequivocal denial of title from 1989 onwards, which was not disputed till 2011 and hence, defendants 1 to 4 had perfected title by ouster and the plaintiff is not entitled to get any relief as prayed for.