LAKSHMI AMMA Vs. SREEDEVI AMMA

JUDGEMENT

(1.) THIS is an appeal by defendants 40 to 43 against the decree and judgment of the learned Subordinate Judge,North Malabar at Tellicherry,granting a decree for partition and separate possession to the plaintiffs in OS 102/49.

(2.) THE main question that arose in the suit and that which arises also in this appeal,is as to the nature of the document dated 5 -1 -1927,Ext.B1.According to the plaintiffs,it was only a maintenance arrangement;while according to the contesting defendants,the said document evidences a complete partition in the main Thavazhi and that the plaintiffs cannot be granted any further relief in the suit.

(3.) THE plaintiffs,as also defendants 1 to 69 and 73 and 74 are the descendants of the said Kunhathi Amma who formed a separate Tavazhi in the main Tarwad,called Pazhavathil Mavila Pathazhapura Veedu.This Tavazhi is also called Vadakke Pathazhapura Tavazhi.Unnanga Amma,the 2nd daughter and 3rd child of Kunhathi Amma,as stated earlier,was already dead and she left her descendants Kunhikannan Nambiar,3rd defendant,40th defendant and her children defendants 41 to 43.The daughter of Unnanga Amma,Lakshmi Amma who is the 40th defendant,and her three children defendants 41 to 43 are the appellants in this appeal.The 40th defendant and her brother,the 3rd defendant,J and defendants 41 and 42 were also parties to Ext.B1.The 40th defendant along with her two brothers and her children formed one group.Sreedevi Amma and her descendants among whom are the plaintiffs,formed the other group.