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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
C.K.PURUSHOTHAMAN S/O.KRISHNA PILLAI, CHALIYIL, VAYALAR – Appellant
Versus
ANANDAVALLY AMMA D/O. BHARGAVI AMMA, MANI NIVAS, CHARAMANGALAM MURI, MUHAMMA P.O, PIN 688 525, ALAPPUZHA – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2) |
| 2. arguments regarding plaintiffs' claims and defendants' counterclaims (Para 3 , 8 , 9) |
| 3. court's analysis of mortgage validity and limitation (Para 4 , 5 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 21 , 22 , 24) |
| 4. application of limitation act and constructive notice (Para 18 , 19 , 20) |
| 5. court’s answers to substantial questions of law (Para 28) |
| 6. modified decree and property shares (Para 29) |
| 7. final conclusion and orders of the court (Para 30) |
JUDGMENT
Plaintiffs in OS No.812/2003 on the files of the Additional Munsiff’s Court, Cherthala, a suit for partition, are before this Court in this second appeal. They are aggrieved by the judgment and decree of the Sub Court, Cherthala in AS No.23 of 2008 by which the judgment of the trial court was reversed, dismissing the suit.
2. Brief facts necessary for the disposal of the appeal are as follows:
The appellants are the plaintiffs in a suit for partition. The plaint schedule item No.1 property was allotted to the share of the plaintiffs and the 1st defendant through their mother one Bharghavi Amma, by partition deed No.534/1122 M.E. dated 23.02.1122 M.E. Bharghavi Amma, who is the eldest
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