KAMALA Vs. PADMINI

JUDGEMENT

(1.) This appeal is against the judgment and decree in O.S.No.7 of 1995 on the file of the Court of Subordinate Judge, Kasaragod. The suit is one for partition. Properties involved originally belonged to Ramoji, who died on 3.8.1937. He had three male children and a daughter. It is the contention that as per the law applicable to them, namely, Hindu Mitakshara Law, his male children alone were entitled to get the property. Plaintiffs are the children of Ramoji's son Durgoji. 1st Defendant is the widow of Maloji and defendants 2 to 5 are the children of Maloji. Defendants 6 and 7 are the wife and daughter of Haloji. It is the contention that the properties are to be divided into 1/3 stirpital among the legal heirs of Haloji, Maloji and Durgoji.

(2.) Defendants contended in the written statement that Ramoji died in 1940. Since Haloji predeceased his father, defendants 6 and 7 are not entitled to any share in the suit properties. After the death of Ramoji, his son Maloji was in absolute possession and enjoyment of the properties. On his death, it devolved defendants 1 to 5. Plaintiffs' rights, if any, are lost by ouster, adverse possession and limitation.

(3.) The court below framed the following issues: