KOCHUNNI KARTHA Vs. BALARAMAN

JUDGEMENT

(1.) PLAINTIFFS 1, 3 to 5 and 7 who are the appellants, filed the suit for declaration of their title and recovery of possession of the plaint schedule items. The facts alleged in the plaint and necessary to decide the questions raised in the appeal and the memorandum of objections are stated here.

(2.) THE plaint properties belonged to Parayampurath tarwad. In the tarwad partition Ext. P-1 in 1088, the plaint properties were allotted to the share of Narayana Kartha who executed a will Ext. D-3 dated 7 2 1092. By Ext. D-3, the properties were given for life to three persons who constituted the second tavazhi in Ext. P-1 and after the death of the last of them, the properties were allotted to the members of the third tavazhi in Ext. P-1 without any right of alienation. THE last surviving member of the second tavazhi Kunjan Kartha executed Ext. D-13 dated 3 3 1114 in respect of the plaint items in favour of the father of the first defendant. Kunjan Kartha died on 14121129. THE plaintiffs who are members of the third tavazhi in Ext. P-1 filed the suit for recovery of the plaint items. claiming title under Ext. D-3.

(3.) IN second appeal, the sole contention of the plaintiffs relates to the right of the first defendant to claim the value of improvements. The first defendant has filed a memorandum of objections objecting to the decrees of the courts below granting recovery of possession to the plaintiffs on the ground that under Ext. D-3, the members of the second tavazhi under Ext. P-1, were granted absolute right.