S.SANKARASUBBAN, R.BHASKARAN
Nullikkodan – Appellant
Versus
Ayisumma – Respondent
1. The plaintiffs in a suit for partition are the appellants in this appeal. Plaint A schedule properties along with other properties belonged to a thavazhi tharvard of the plaintiffs and defendants. There was a suit for partition as O.S.No.150 of 1950 before the Sub Court, Thalassery, and plaint A schedule properties were allotted to the group consisting of Amina and her children and grand-children. Amina was the first plaintiff in that suit. Plaintiffs 2 to 6 in that suit were her children and plaintiffs 7 to 11 were the children of the third plaintiff. That the property was allotted to the natural group consisting of Amina and her children in the earlier partition decree is not disputed in this case.
2. The plaintiffs claimed share in the plaint schedule properties on the basis that the properties are co-ownership properties and since there was a severance of status of the joint family by the decree for partition in O.S. No. 150 of 1950, there is no joint family in existence and the shares allotted to the sharers in the earlier suit must be divided among the sharers and their legal representatives according to the Muslim Shariat Law. On that basis the plaintiffs claim
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