CHANDY Vs. MARIYAMMA

JUDGEMENT

(1.) This second appeal is filed by the defendants 1 and 2 in O.S.No.256 of 1992 on the file of the Court of Subordinate Judge, Muvattupuzha. The suit is one for partition. Plaintiff and other defendants are the respondents.

(2.) Heard the learned counsel for the appellants and the contesting respondents.

(3.) Plaint averments, in brief, are as follows: Plaint A schedule property belonged to the plaintiff's father Ulahannan and he was in possession of the property till his death in 1944. He died intestate. Plaint B schedule property belonged to plaintiff's mother Sosa. She obtained the property in usufructury mortgage right from one Kunja as per document No.2067 of 1117 ME of Sub Registrar Office, Koothattukulam. The period of mortgage fixed was five years. The period of redemption expired in 1947. Since the property was not redeemed within a period of 30 years from 1947, it became vested with the plaintiff's mother in 1977 in absolute right. Plaintiff and defendants 1 to 3 are the children of Ulahannan and Sosa. Defendants 4 and 5 are the assignees of the property. Plaintiff's marriage was in 1960. At that time she was not given any ornaments as her share. Therefore, she is entitled to get a share in the property of her father and mother after their death. Plaintiff is in joint possession of the property along with her brothers. With these averments she claimed partition.