ABDURAHIMAN MUSALIAR Vs. MAMMOONHI

JUDGEMENT

(1.) THE plaintiff in O.S.No,34 of 1961 on the file of the Munsiff's Court,Tellicherry,is the appellant in this second appeal.The suit was one for partition.

(2.) THE plaint schedule properties,8 in number,were acquired by one Mammu alias Abdulkhader,the brother of the plaintiff.He dedicated the properties as per a will dated 23rd October 1919 to Saduli Mosque.Under the will,half of the income from the properties was to be utili­sed for the maintenance of the Mosque,and the remaining half was to be enjoyed by his heirs.After the death of Abdulkhader,his father Mammali Musaliar became the Muthavalli of the Mosque.The said Mammali Musaliar was succeeded as Muthavalli by the plaintiff.The plaintiff had instituted O.S.No.491 of 1946 on the file of the Mun­siff,Tellicherry,for recovery of possession of certain items of properties covered by the will dated 23rd October 1919,on the ground that his father Mammali Musaliar had alienated or encumbered those items without and proper authority in that behalf.In that suit it was decided that the bequest in favour of Saduli Mosque would be confined to 1/3 of the properties mentioned in the will.

(3.) IN this second appeal Sri M.A.Manhu,counsel for the appellant,has urged mainly two points:( 1)the decision of the courts below that defendants 1 to 7,14 and 15,who are the legal heirs of deceased Mariyumma,are entitled to recovery of the sum of Rs.600 from the other sharers,is wrong inasmuch as the right was barred by limi­tation under the provisions of Article 62 of the Limitation Act,1963;and(2)the reservation allowed in respect of the two portions covered by Exts.B -12,B -13,B -14 and B -18(one portion)and Exts.B -39 and B -19(another portion)also could not have been done by the trial court.