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1995 Supreme(SC) 160

B.L.HANSARIA, KULDIP SINGH, S.B.MAJMUDAR
M. K. Narayani Amma – Appellant
Versus
Chelera Kuniyil Devaki Amma – Respondent


Advocates:
A.S.NAMBIYAR, K.V.VENKATARAMAN, K.V.VISHWANATHAN, P.K.MANOHARAN, S.R.Setia, SHANTA VASUDEVAN

JUDGMENT

MAJMUDAR, J. :—The appellants (original plaintiffs) have challenged the order of the High Court of Kerala in Second Appeal No. 497 of 1990-A. The High Court dismissed the Second Appeal of the appellants, thereby confirmed the decree of dismissal of the appellants suit as passed by the Trial Court and confirmed by the District Judge in the First Appeal. A few relevant facts may be noted at this stage. The appellants claiming to be the heirs of one Govindan Nambiar, who died on 12-3-1976, sued his widow Devaki Amma (Defendent No. 1) and her children through Govindan Nambiar and also the alienees of some of the properties. The appellants contended that the Original Plaintiff No. 1, M.K. Narayani Amma, was the lawfully married wife of deceased Govindan Nambiar and on his death, in the schedule properties which belonged to Govindan Nambiar, the appellants and defendants Nos. 6 and 7 had a share being his widow and her children. The defendants resisted the suit mainly on two grounds - firstly, Plaintiff No. 1 was not legally married wife of deceased-Govindan Nambiar, as when she is said to have married Govindan Nambiar, Defendant No. 1 (Devaki Amma), his earlier wife, was alive




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