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2000 Supreme(Ker) 527

D.SREEDEVI
Kunhavulla – Appellant
Versus
Radha Amma – Respondent


Judgment :-

D. Sreedevi, J.

This Second Appeal is directed against the decree and judgment in A.S. No. 77 of 1986 of the District Court, Kozhikode which was filed against the decree and judgment in O.S. No. 88 of 1983 of the Sub Court, Badagara. The third defendant before the trial court is the appellant and plaintiffs are the respondents. The plaintiffs-respondents filed the above suit for partition. Plaintiff's case in brief is this. The plaint schedule properties originally belonged to Kunjiraman Nambiar. He died in 1971. Plaintiff's case is that after the death of Kunjiraman Nambiar his property devolved on plaintiffs 1 and 2 and the first defendant as they are the widow and sons of the deceased Kunjiraman Nambiar. It is alleged that the second defendant claiming to be the widow of Kunjiraman Nambiar executed certain documents under which defendants 3 to 6 and 8 to 15 claim possession over the property. Plaintiffs claim 2/3 share over the plaint schedule properties as the first defendant is entitled to 1/3 share. Defendants 1 and 2 remained ex parte. The third defendant filed a written statement contending that the first plaintiff is not the wife of deceased Kunjiraman Nambiar a











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