GOURI AMMA Vs. GOPALAKRISHNA PANICKER

JUDGEMENT

(1.) This second appeal was heard by me on 1-12-1965 and it was posted for delivery of judgment on 6-12-1965. On going through the records I found that defendants 3 to 6 who were also benefitted by the decree of the lower appellate court dismissing the suit were not made parties to the second appeal and therefore I felt that the appeal was not properly constituted. I mentioned this to the advocates on both sides who requested for a further hearing on this matter. The second appeal was therefore posted again in Chambers on 7-12-1965 when the advocates on both sides were heard.

(2.) I am of the view that the second appeal has to fail on account of the non impleading of defendants 3 to 6 as respondents to the appeal.

(3.) The plaintiff and the first defendant are the daughters of Pappi Amma who died in November 1954. Defendants 2 to 6 are the children of the first defendant. The parties are Nairs governed by the provisions of the Travancore Nair Act. The plaint items were purchased under the sale deed Ext. P-1 dated 10-11-1121. Ext. P-1 is in favour of Pappi Amma and defendants 1 to 6. The consideration for Ext. P-1 is Rs. 2000/-. Ext. P-1 contains a recital that Rs. 1000/- was paid by Pappi Amma and the balance of Rs. 1000/- was paid by defendants 1 to 6. According to the plaintiff, Pappi Amma is the owner of one half of the property comprised in Ext. P-1 and after her death the property devolved on the plaintiff and the first defendant in equal shares, under the provisions of the Travancore Nair Act.