K.PADMANABHAN NAIR, K.S.RADHAKRISHNAN
Thomayar – Appellant
Versus
Mary – Respondent
1. All these appeals arise out of a common judgment in O.S.No. 88 of 1985 of the Sub Court, Palghat. A.S. No. 380 of 1989 is preferred by defendants 1 to 8. A.S.No.477 of 1989 is by 9th defendant and A.S.No.387 of 1989 is by 10th defendant.
2. Suit was instituted for partition of plaint B schedule properties and allotment of one-fourth share with appropriate mesne profits. The case of the plaintiff is as follows: Defendants 1 and 10 are the children of Anthony Ammal. Ninth defendant is the sister of Anthony Amma and they are the daughters of Ponnan alias Muthappan who is the son of Anthony Muthu. Anthony Muthu had two more children by name Nayakam and Alphonse. First defendant is the son of Nayakam. Nayakam had a daughter by name Anthony Ammal. Defendants 2 to 8 are the children of the first defendant Eleventh defendant is the son of 7th defendant. Plaint B schedule property originally belonged to Ponnan alias Muthappan. Plaintiff's mother died in 1947. Ninth defendant is the maternal uncle of the plaintiff and the 10th defendant. Ponnan alias Muthappan predeceased his wife Nakshtrammal in the year 1955. First defendant was residing with Nakshtrammal and was helping her
Reffered to 1977 KLT 333;1987 (1) KLT 288;1973 KLT 728;1986 (2) SCC 209;
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