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Showing contexts for: common plot in Mrs.Vimala Amma vs Koomundakkal Maruthiyat ... on 16 October, 2007Matching Fragments
6. Ext.A2(copy of which was made available by appellant) establish that one common property belonging to the mother was gifted as three plots to three daughters. A schedule property was gifted to appellant, B schedule property to first respondent and C schedule property to second respondent. B and C schedule properties are lying north and south and A schedule property is to the west of B and C schedule properties. Though it was argued that plaint B and C schedule properties gifted to respondents 1 and 2, will not take in plaint D schedule way and it was kept common, a reading of Ext.A2 disprove the said submission. The northern boundary of plaint B schedule property which is the southern plot shows that the northern boundary is the plaint C schedule property. So also the southern boundary of C schedule property is plaint B schedule property. If in fact plaint D schedule property was kept as common for the usage of the donees, it would have been specifically mentioned in Ext.A2. Apart from non-mentioning of such a common way or plot, Ext.A2 shows that the property gifted to second respondent is the property upto the northern boundary of plaint B schedule property which was gifted to first respondent. It does not show any property in between the boundaries of plaint B and C schedule properties. Learned Munsiff has specifically adverted to this aspect in paragraph 10 of the judgment and found that case of appellant that plaint D schedule property was kept common is not correct. Therefore the argument that there is no specific finding by courts below is not correct. When Ext.A2 does not show that any portion of the property was kept common and the boundaries of plot B and C schedule properties show that no property was kept common in between the said plots, finding of courts below that plaint D schedule property was not kept common is perfectly correct. If that be so, the claim of title to plaint D schedule property, as it was kept common under Ext.A2 gift deed cannot be accepted.