KUNHIRAMAN Vs. CHANDRAN

JUDGEMENT

(1.) The revision petitioners are the plaintiffs in O. S. 76 of 1972 on the file of the Subordinate Judge, Kasaragod. The suit was filed by the plaintiffs for partition and separate possession of 28 items of property described in the plaint A schedule. The plaintiffs are the children of one Aacha, daughter of Vattichi. Items 1 and 2 are stated to have been obtained on Kanam right by deceased Vattichi and two other persons. Chiruta and Ambady Karnavan under a document of the year 1909. One-third right owned by Vattichi now vests in the plaintiffs Defendants 1 to 30 are the persons interested in the other 2/3rd share Plaintiffs claim that their mother Aacha obtained an oral Kuzhikanam in respect of item 1 in the year 1938 from Vattichi, Chirutha and Ambadi Karnavan and that in the death of Aacha, the said tenancy right devolved upon them. The plaintiffs are in exclusive possession of the item as tenants. The tenancy right is not admitted by defendants 1 to 28 and 31.

(2.) The plaint recites that items 4 to 8 belonged in kanam to Arabady Karnavan, Aacha and defendants 4, 6 and 31 in equal shares under a kanom deed of 1944 executed by Narayana Poduval and others. The plaintiffs are entitled to 1/5th share in the said items as heirs of Aacha. Defendants 1 to 28 and 31 do not admit the above claim. According to them, portions of items 4 to 8 were obtained by Ambady Karnavan and Raman, son of Vattichi on kuzhikanam as per a Vellolamarupattom from Narayana Poduval who was the karanavan and the manager of his tarwad. On the death of Raman, Ambady karnavan was in exclusive possession of the above portions. One P. V. V. Appu obtained an oral kuzhikanom of the said items and items 2 and 3. Appu assigned his right in favour of defendants 5, 18 and 20 as per an assignment deed of the year 1968. Defendants 5, 18 and 20 claim that they are entitled to fixity of tenure in respect of the above items The remaining portions of items 4 to 8 were obtained by one Manikkam on kuzhikanam from the said tarwad. On the death of Manikkam, her children are in possession of the property.

(3.) Items 13 to 27 belonged in Jenm to Peringamana Illom. Deceased Aacha, Ambady Karnavan and the second defendant got an oral lease of the property in the year 1943. The one-third right of Aacha has devolved on the plaintiffs Defendants 1 to 28 and 31 would contend that the above items were obtained by Ambady Karnavan under a registered marupat of 1931 and he was in exclusive possession of the items. The leasehold devolved on defendants 18 to 24 on the death of Ambady Karnavan and it now belongs to defendants 18 to 28. The above defendants denied that Aacha, and Ambady Karnavan got oral lease of the items in 1943.