KOMANCHERI MADHAVAN NAIR Vs. K. RAVUNNI NAIR

JUDGEMENT

(1.) DEFENDANTS 2 to 6, legal representatives of the 1st defendant in O.S. No. 43 of 1972, Sub Court, Kozhikode, are the appellants. Plaintiffs 2 and 3 and the legal representatives of the 1st plaintiff are the respondents Pending the appeal, plaintiffs 2 and 3 died and their legal representatives have been impleaded as additional respondents. The suit was one for partition. It was dismissed by the trial court, but allowed by the lower appellate court with regard to items 1, 2, 3, and 6 of the plaint schedule properties. The plaintiffs were held entitled to 5 shares out of 16 shares. At the threshold, the controversy between the parties covered a wide range. At the second appellate stage, the controversy between the parties has considerably narrowed down and it centres round the interpretation of a Will, Ext. B1 dated 22 -9 -1918, The minimal facts necessary to appreciate the controversy is as follows:

(2.) THE trial court found that Ext. B1 Will is a joint and mutual Will and so the plaintiffs have no right over the plaint schedule properties. It was further held that if at all there was any right for the plaintiffs, it is also barred by limitation and adverse possession. The suit was dismissed.

(3.) THE questions of law formulated at the time of admission of the Second Appeal as substantial question of law arising for consideration in the appeal, are as follows;