CHOYICHI Vs. RAGHAVAN

JUDGEMENT

(1.) Plaintiffs in a suit for partition are the appellants. The suit was dismissed and the decision was confirmed in appeal.

(2.) Parties followed Hindu Mithakshara Law. The properties belonged to Kandappan on kanom. He died long ago. He had three song, Andi, Nayadi and Karuthachi. First plaintiff is the widow and second plaintiff the daughter of Karuthachi who died before the Hindu Women's Right to Property Act and its extension to agricultural lands. There was no partition between the three brothers. Defendants 1 to 6 are the children of Andi. Defendants 7 to 9 are the children of Nayadi. They had another brother Sankaran and defendants 10 to 13 are bis widow and children.

(3.) Plaintiffs claimed one-third share of Karuthachi. Their claim was resisted on the ground that since Karuthachi died undivided, bis share devolved by survivorship to the other two brothers and plaintiffs have no right. Limitation and adverse possession were also pleaded.