KUNJAYAMMA KARTAIYAYANI AMMA Vs. KUNCHALI KARTHIYAYANI MADAKKAVIL VEEDU

JUDGEMENT

(1.) These appeals which raise common questions and were heard together by a Division Bench consisting of my learned brothers Isaac and Narayana Pillai, JJ. have come up before me on a reference by my Lord the Chief Justice under S.23 of the Travancore Cochin High Court Act, 1125 (Act V of 1125) in view of the different opinions expressed in the separate judgments delivered by the two learned Judges constituting the Division Bench. Under the terms of Section referred to above the scope of enquiry before me is limited to a consideration of those matters on which the learned Judges have disagreed.

(2.) A. S. 690 of 1963 arises out of O. S. 83 of 1120 of the Munsiff's Court, Quilon and the appellant before this Court is the plaintiff. A. S. 691 of 1963 arises out of O. S. 1096 of 1120 of the Munsiff's Court, Quilon and the second plaintiff is the appellant A. S. 692 of 1963 arises out of O. S. 710 of 1121 on the file of the Munsiff's Court, Quilon and the legal representative of the original plaintiff is the appellant. A. S. 23 of 1964 arises out of O. S. 79 of 1120 of the Munsiff's Court Quilon and here also the legal representative of the deceased plaintiff is the appellant. S. A. 1170 of 1964 arises out of O. S. 681 of 1957 on the file of the Munsiff's Court, Quilon and the plaintiffs are the appellants.

(3.) The common subject matter of all these appeals is a plot of land 42 cents in extent situated in Quilon. Admittedly, this property belonged to one Kurumpa. She had two sons Kesavan and Narayanan and four daughters Kunchekki, Lakshmi, Parvathi and Nangeli. The parties belong to the Kammala community and are admittedly governed by Hindu Law as modified by custom. On the 6th Edavam, 1062 a mortgage was executed as per Ext. C by Kesavan, Narayanan, Kunchekki and Nangeli jointly along with Appili, daughter of Lakshmi who was by then dead, and Unichekki, daughter of Parvathi who was also deceased by that time. The mortgagee was one Muhammed Kunju and the amount borrowed was 1100 fs. The mortgage was for a term of 5 years and there was a stipulation for an annual payment of 40 fs. only by way of michavaram. On 20-9-1065 four udampadies were executed by Kesavarn as per Exts. B, D and E and Ext. P1 (marked in O. S. 681 of 1957 only) in favour of Kumchekki, Appili, Unichekki and Nangeli respectively, giving to each of them a 1/6th share in the equity of redemption of the property covered by Ext. C reciting that these documents were being executed in implementation of a partition arrangement which had been already entered into between the parties. The remaining 2/6th share in the equity of redemption was reserved for Kesavan and Narayanan.