KALLIANI AMMA Vs. RUGMINI

JUDGEMENT

(1.) In a suit for partition of properties belonging to a Marumakkathayam Nair tharwad, the lower Court held that item No. 3 in the plaint schedule was partible. Item No. 3 was purchased by the first defendant in her name. Still the lower Court found that the above item of property is a tharwad property. Therefore, the question is whether the property which stood in the name of the first defendant is really tharwad property and is liable to be shared among the members of the tharwad.

(2.) The facts of the case lie in a narrow compass. The plaintiffs who are the daughter and grandchildren of the first defendant filed the suit for partition of three items of properties of which there was no dispute with regard to item Nos. 1 and 2. It was contended that defendants 1 to 7 are the mother and brothers respectively of the first plaintiff, and that item No. 3 is the self acquired property of the first defendant which was obtained as per the assignment deed No. 1317 of 1958. The first defendant sold 75 cents of the above property to the second defendant who is the son of the first defendant in 1987. In Ext. A1 partition deed executed on 18.2.1974 as well as in a much earlier partition deed executed on 20.12.61 (Ext. B2), item No. 3 property was not included. Therefore, it was strongly contended by the defendants that item No. 3 property was the self acquired property of the first defendant.

(3.) Issue No. 2 which was the crucial issue to be decided as framed by the lower Court was as follows: