LAKSHMI BAI Vs. KRISHNA PAI

JUDGEMENT

(1.) Appellant is defendant No. 1 in O.S. 313 of 1119 of Ernakulam Munsiffs Court. The suit is for partition of 2x16 dhandus of land lying in the middle of Survey No. 504/3. The gist of plaintiffs case is as follows: Survey No. 504/3 belonged to one Narasinga Pai. He had three sons, Vamana Pai, Subba Pai, and Venkiteswara Pai. In 1083 Venkiteswara Pai died leaving a widow Lekshmi Bhai. On the death of Venkiteswara Pai Survey No. 504/3 was divided into 3 plots. The western plot measuring 10x16 dhandus was allotted to Subba Pai and the eastern portion measuring 10x16 dhandus was allotted to Vamana Pai. The middle portion 2x16 dhandus was put in the possession of Lekshmi Bhai, the widow of Venkiteswara Pai for her subsistence on the understanding that it will be divided equally between Subba Pai and Vamana Pai on the death of Lekshmi Bhai. Lekshmi Bhai died in 1093 and ever since the plaint property was in the joint possession of the two branches. Vamana Pai died in 1088 and Subba Pai died in 1104. Plaintiff No. 1 is the son of Vamana Pai and plaintiffs Nos. 2 to 4 are the sons of plaintiff No. 1. They sue for their half share in the plaint property with mesne profits at the rate of Rs. 20/-.

(2.) Defendants 1, 2, 4, 8, 13 and 7 contest the suit. Defendant No.1 is the purchaser of 20 cents of land out of Survey No. 504/3 from Subba Pais branch under Ext. IV dated 3.12.1118. Defendants Nos. 2 and 4 are the sons of Subba Pai. Defendant No. 5 is the son of defendant No. 4. Defendants Nos. 6, 7, 10, 11 and 12 are the children of one Anantha Pai a deceased son of Subba Pai. Defendant No. 8 is the wife of the said Anantha Pai and defendant No. 13 is the wife of Subba Pai. Defendants contend among other things that the three-fold division of Survey No. 504/3 alleged by the plaintiff is not true, that the division was into 2 plots that the eastern portion measuring 10x16 dhandus was allotted to Vamana Pai, that the rest of the property was allotted to Subba Pai, that the widow of Venkiteswara Pai was not given possession of 2x16 dhandus of land in the middle of Survey No. 504/3, that no portion of Survey No. 504/3 was ever in the joint possession of the 2 branches and that even if plaintiffs had any title to the plaint property it is lost by adverse possession.

(3.) The Trial Court repelled the defence plea and found that the three-fold division of 1083 alleged by plaintiffs is true, that plaintiffs are entitled to a half share in the plaint property under the arrangement of 1083 and that the suit is not barred by adverse possession. In appeal by the 1st defendant a new point that even if the three-fold division is accepted plaintiffs are not entitled to a share in the plaint property was also raised. The appellate court confirmed all the findings of the Trial Court and repelled the new plea raised by the 1st defendant. Hence this second appeal by the 1st defendant.