SAROJINI AMMA Vs. ABUBACKER

JUDGEMENT

(1.) Devaki, the mother of the appellant, had eight children including the appellant. Item No.1 property was purchased in 1929 by Devaki and five of her children who were then alive. In 1951 Devaki took an assignment of item No.2 property in her name which is situated adjacent to the other item. Devaki died in 1958. Almost two decades after, in December 1977, all the children of Devaki except the appellant (Sarojini) had assigned their rights in the suit properties in favour of the plaintiff as per Exts.A3 and A4. The present suit for partition by metes and bounds has been filed by the plaintiff claiming that the plaintiff is entitled to 7/8 shares in the suit properties.

(2.) The defendant filed two written statements. The first ore is dated 26-6-1978 in which his main contention is that the right of the other members of the defendant's family had been orally assigned to the defendant in 1960 and he was put in absolute possession thereof and that the executants of Exts. A3 and A4 bad no right or title over the suit properties after 1960. It is further contended that the defendant got a certificate of purchase in respect of the jenmom right in the suit properties and the defendant has been enjoying them as the absolute owner.

(3.) In the second written statement filed by the defendant on 11-1-1979 she contended that Ext. A1 acquisition was made by the defendant's father and it enured to the tavazhi consisting of Devaki and her children and item No. 2 was acquired in the name of his mother Devaki for the convenient enjoyment of the other item, and hence all the members of the tavazhi are now entitled to the suit properties.