THANKAMMA Vs. N KUNJAMMA

JUDGEMENT

(1.) This is an appeal by the plaintiffs. They filed the suit for partition. Plaint B schedule property originally belonged to one Chadayan Pathiru. Pathiru died leaving a son, Paulose, and two daughters Rajamma and Thankamma. Plaintiffs contended that no streedhanam was given by Pathiru to his daughters. The case is that the properties of Pathiru devolved on all his three children. Plaintiffs submitted that the Travancore Christian Succession Act (Regulation II of 1092), for short the Act, is not applicable to Pathiru and his children being Protestant Christians of Neyyattinkara Taluk and that by virtue of a customary usage prevalent among the community, all the children both male and female are entitled to equal shares in the properties of their parents. The plaintiffs are assignees of the rights of Rajamma and Thankamma.

(2.) The contesting respondents submitted that the Act is applicable to Rajamma and Thankamma and as such they have no share in the properties of their parents.

(3.) The Trial Court after considering the evidence in the case held that the plaintiffs failed to prove the custom pleaded by the plaintiffs to establish that the daughters are also entitled to an equal share with the sons in the property of their parents. Since this vital fact was not proved, the Trial Court negatived the right of the plaintiffs to get partition of one third share in the plaint schedule property.