CHATHOTH VARAYIL KUNHUNNI KURUP Vs. CHATHOTH VARAYIL KRISHNAKURUP

JUDGEMENT

(1.) These appeals arise out of a judgment and decree passed by the Court of Subordinate Judge, Thalassery in O.S.No.31 of 1993, a suit for partition of the plaint schedule properties.

(2.) Basic pleadings, relevant for the decision, are as follows: plaint A schedule property is covered by a "marupatt" (lease deed) executed by Chandu Kurup and Kunhunni Kurup in favour of Kalavan Narayanan Nambiar. That document is marked as Ext.B10. Thereafter a building was constructed in the property in the year 1942 for running Cheruvancherry Elementary School. When actually the school was started is not borne out from the records. However, the school started functioning much before the advent of the Kerala Education Act and the Kerala Education Rules (in short, "the Act and the Rules"), which came into force in the year 1959.

(3.) It is the allegation in the plaint that the 6th defendant claimed half right over the property and the school on behalf of his thavazhy tarawad. Chandu Kurup passed away and his legal heirs are defendants 1 to 5. It is alleged that the 2nd defendant fraudulently created records to make it appear that he was the manager and correspondent of the school. Plaintiff and defendants 7 to 13 came to know about the motives of the 2nd defendant and his intention to exclude them from management. Therefore, the plaintiff decided not to retain the plaint schedule property in joint possession of the co-owners. According to the plaint averments, the 7th defendant is the most competent person among the co-owners to look after affairs of the school. 14th defendant is the president of the committee known as Cheruvancherry Elementary School committee constituted in the year 1954. The said committee was constituted for the purpose of raising funds for construction of additional structures necessary for the upgradation of the elementary school into a higher elementary school. Properties acquired by the 14th defendant committee are not subject matter of this suit. Since the right over management of the school is also sought to be partitioned,14th defendant had been impleaded only as a formal party. Defendants 1 to 5 are the children of deceased Chandu Kurup. It is said that Chandu Kurup had gifted his right over the school in favour of the 2nd defendant. According to the plaint averments, the plaintiff is entitled to get 1/18th share in the property and the school while defendants 1 to 5 are entitled to get 9/18th shares and defendants 6 to 13 are entitled to get 1/18th share each.