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2002 Supreme(Ker) 346

R.BHASKARAN
Dharmabal – Appellant
Versus
S. Lakshmi Ammal – Respondent


Judgment :-

R.Bhaskaran, J.

This second appeal is filed by the 4th plaintiff in a suit for partition. The question for consideration in the second appeal is with regard to the shares in the plaint schedule property to which the parties are entitled. The facts are not in dispute. The parties are governed by the Hindu Mitakshara law. Sankaranarayana Iyer was the common ancestor. Gopala Iyer and first defendant were his children. Plaintiffs are the children of Gopala Iyer. Defendants 2 to 7 are the wife and children of the first defendant. Gopala Iyer died on 24-11-1978. The suit was filed in 1984 for partition of the ½ rights of Gopala Iyer in the coparcenary property by the legal heirs of Gopala Iyer. The trial court decreed the suit. The defendants had contended that the plaintiffs right if any was barred by adverse possession. That contention was found against and it was confirmed by the lower appellate court. The lower appellate court earlier allowed the appeal and remanded the case to consider the question of shares to which the parties are entitled. After remand, the trial court again decreed the suit for ½ share to the plaintiffs. In appeal, the lower appellate court has revers














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