LAWS(KER)-1955-6-18

AMMALU KUTTY AMMA Vs. VASUDEVAN NAIL AND ANR.

Decided On June 30, 1955
Ammalu Kutty Amma Appellant
V/S
Vasudevan Nail And Anr. Respondents

JUDGEMENT

(1.) THIS appeal arises out of a suit by a Nair female for partition of Puthravakasam properties obtained by her and her brothers from their deceased father. Plaintiff is the Appellant. Defendants 1 and 2 are her brothers. They have another brother, Krishan Kutty Nair, who has already obtained his share of the Puthravakasam properties as per the decree in a suit for partition, O.S. No. 10 of 1108, filed by him in the District Court of Trichur. Plaintiff and her brothers had obtained properties from their father both in Cochin and in Malabar. The present suit as well as O.S. No. 10 of 1108 related only to the properties in Cochin.

(2.) IN the memorandum of appeal, objections were taken by the Plaintiff to the decree of the court below in regard to four matters, and she had also prayed therein for a remand. One of those four matters was the question of costs. That and the prayer for remand were not, however, referred to at all by the Appellant's counsel during the course of his arguments.

(3.) PLAINT D schedule consists of five items of jewels. The Plaintiff's case in regard to them is that they were jewels given by Achuthan Nair to her alone, that when she went to Malaya with her husband she entrusted them with Defendant 1 for safe keeping, and that she is entitled to recover them or their value from him. Defendant I's case in regard to them is that the Plaintiff had entrusted with him only items 1 and 4 in D schedule, and that he had sold those jewels and remitted the money to the Plaintiff's husband as requested by him and the Plaintiff. Ex. LIII is a letter written by the Plaintiff to Defendant 1.