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2005 Supreme(Ker) 66

V.RAMKUMAR
Leelamma – Appellant
Versus
Radhakrishnan – Respondent


Judgment :-

The plaintiff in OS 114/85 on the file of the Munsiff’s Court, Certhala, is the appellant in this second appeal. The said suit was one for partition and separate possession of the plaintiff’s one half share over one item of immovable property described into the plaint the A schedule. The plaintiff also prayed for partition and separate possession of her half share over the plaint B schedule movables in case the plaintiff’s contention that they exclusively belong to the plaintiff’s not upheld.

2. The case of the plaintiff can be summarized as follows:

The plaint A schedule property belonged to Sanku Kumaran who died on 27.2.1984. After the death of Sanku Kumaran the plaint A and B schedule properties are in the possession of the plaintiff. The plaintiff is the second wife of the said Sanku Kumaran and the defendant is the son born to Sanku Kumaran in his first wife. The marriage between Sanku kumaran and his first wife was divorced through court on 31.1.62. The plaintiff and the defendant are in joint possession of the plaint A schedule property. Since the defendant is causing unnecessary troubles to the plaintiff, she is no more desirous of continuing the joint possession


















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