LURTHU MARY AMMA Vs. SOURIYAR

JUDGEMENT

(1.) This is an appeal by the plaintiff, in a suit for partition. Plaintiff and defendants 2 to 9 are the children of one Arogya Maniyakaran (shortly called 'Arogya' hereinafter). They belong to the Vaniya Christian Community in the Chittur Taluk, which was part of the erstwhile princely State of Cochin. Though Christians by faith, this community was governed by the Hindu Mitakshara Law of inheritance.

(2.) According to the plaintiff, the suit property belonged to Arogya. On his death on 15-6-70, it is averred that the properties devolved on plaintiff and defendants 1 to 9. Plaintiff contended that the Mitakshara Law was no longer applicable to the Community. The plaintiff would also say that defendants 2 to 7 in collusion with the 15th defendant filed O. S.209/59 in the Court of the Munsiff, Chittur, against Arogya, obtained a decree, and in execution sold A schedule properties. As legal heir of Arogya, the plaintiff claims partition and separate possession.

(3.) Defendants 10 to 20 contested the suit. According to them, the properties of Arogya were surrendered to the jenmi and the defendants and their mother were in possession of those properties, for over 20 years. If at all Arogya bad any rights, these were lost by adverse possession. Certain properties of Arogya were sold in execution of decrees. Separate written statements were filed, but substantially on these lines. The 10th defendant filed an additional written statement, contending that neither the Indian Succession Act, 1925 nor the Cochin Christian Succession Act, Act 6 of 1079 M.E. govern the community and that they are governed by the Hindu Mitakshara Law. Under the said law, the plaintiff had no right of inheritance.