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2004 Supreme(Ker) 305

PIUS C.KURIAKOSE
Kavunkara Thamasikkum Neelattu Parammal Kandiyil Paru Amma s Children Krishnan Nair (Died) By L. Rs – Appellant
Versus
Vallikunnath Soothrakkayil Ellath Vasudeva Panicker – Respondent


Judgment :-

The defendants 2 to 5 and one of the legal representatives of the deceased first defendant in a suit for partition are the appellants. The first respondent filed the suit alleging that the plaint B schedule properties originally belonged to one Paru Amma, the mother of defendants 1 to 4 and one Sinnammu Amma, the mother of defendants 5 to 10; Paru Amma and Sinnammu Amma obtained these properties along with certain other properties by virtue of a will executed by one Velayudhan Nair, their uncles; the Will dated 30.11.1930 is a registered will; upon the demise of the testator the will came into effect and the properties were being possessed and enjoyed by Paru Amma, Sinnammu Amma and their children. Thereafter Sinnammu Amma’s share in the properties were assigned to one Kunhilakshmi Amma as per assignment deed No.2918 of 1944 of the S.R.O., Feroke; who assigned the properties to Paru Amma, i.e. Sinnammu Amma’s sister under assignment deed No.4581 of 1944 of the S.R.O., Feroke. It was further averred in the plaint that Paru Amma, the mother of defendants 1 to 4 died in the year 1968. As per the assignment deed No.2918 of 1944 Sinnammu Amma had assigned the right only in K















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