MARIAKKUTTY MATHEW Vs. ALEYKKUTTY DEVASIA

JUDGEMENT

(1.) Challenging the concurrent findings entered by the Subordinate Judge's Court, Kottayam in O.S.No.406/2000 followed by those of the District Court, Kottayam in A.S.Nos.168/2005, the defendants in O.S.No.406/2000 have come up with this second appeal.

(2.) The suit is one for partition and separate possession of half share of the plaintiff over the plaint schedule property. The plaint schedule property is having an extent of 51.30 Ares in Sy.No.421/2 of the Ettumanoor Village. According to the plaintiff, the plaint schedule properties originally belonged to late Ithack Issac and that he was enjoying that property as a tenant under the CSI Church. The said Ithack died in the year 1951. According to the plaintiff, Ithack died intestate, leaving his only two sons namely Devasia Issac and Issac Issac as his legal heirs. After the death of the father, the brothers were jointly possessing and enjoying the properties. While so, Ext.B1 purchase certificate was issued by the Kottayam Land Tribunal in respect of the said property to Issac on 16.12.1975 through O.A.No.118/1972, as purchase certificate No. O.A.No.367/1975.

(3.) The plaintiff is the only daughter of Devasia Issac who died in the year 1986. Issac Issac died in the year 1987 leaving the first defendant, his wife, and defendants 2 to 9 who are their children, as his legal heirs. The plaintiff is the sole legal heir of deceased Devasia. It is the case of the plaintiff that both Issac Issac and Devasia Issac were in joint possession and enjoyment of the properties, in continuation of the possession and enjoyment of Ithack Issac as a tenant under the CSI Church. Therefore, according to the plaintiff, she is entitled to half share in the plaint schedule properties. The legal heirs of late Issac Issac transferred 6 cents of property from the plaint schedule properties to the 10th defendant in the year 1994, and thereafter they transferred three more cents of property out of the plaint schedule property to the 11th defendant in the year 1997.