BALACHANDRAN Vs. SANKARAN NAIR

JUDGEMENT

(1.) The only question relevant for decision in this Second Appeal is whether the two sons, who inherited the separate property of a Marumakkathayi female, who died either in 1922 or in 1933, took the property as joint tenants with the incidents of survivorship or whether they took it as tenants in common The learned Munsiff found that they took the property only as tenants in common, but in appeal the learned Subordinate Judge found otherwise. Hence this Second Appeal by the plaintiff.

(2.) The suit was filed by the plaintiff for partition of plaint B schedule property. That property belonged in Jenm to Manjeri Kovilakam. Deceased Kalliani Amma obtained leasehold right over the property under Ext. B1. Both the courts below concurrently found that the right obtained by Kalliani Amma under Ext. B1 was her separate property. That finding was not challenged and it stands.

(3.) The plaintiff contended that Kalliani Amma died in 1933 whereas the contention of the first defendant was she died in the year 1922. There was no conclusive evidence on either side regarding the date of her death. With the available evidence and with the help of the legal presumptions, both the courts below concurrently found that she died in the year 1922 as contended by the defendants. Even though that finding was challenged by the appellant plaintiff, there is nothing to substantiate his contentions. Therefore, the concurrent finding that Kalliani Amma died in the year 1922 will have to stand.