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1999 Supreme(Ker) 9

D.SREEDEVI
Philips alfred Malvin – Appellant
Versus
Gonsalvis – Respondent


Judgment :-

D. Sreedevi, J.

This appeal is directed against the decree and judgment in A.S. No. 92 of 1989 of the Sub Court, Thalassery, which was filed against the decree and judgment in O.S. No. 458 of 1987 of the Munsiffs Court, Kannur. The plaintiff before the trial court is the appellant.

2. The case of the appellant is that the plaint schedule property originally belonged to deceased George Correa and his wife Jane Correa, as per document No. 912/1955. Jane Correa pre-deceased her husband George Correa. She died on 2-11-1970. George Correa died on 18-12-1976. His legal representatives are the plaintiff and defendants 1 and 2 and another son Malvin, who is no more. The legal representatives of Malvin Correa are defendants 3 to 8. The plaintiff claiming to the adopted son of George Correa sued for partition of the plaint schedule property.

3. The defendants contended that the suit is not maintainable, that the plaintiff is not the adopted son of deceased George Correa, that George Correa never adopted him as his son, that Christian Law has never recognised adoption and hence the plaintiff has no right over the plaint schedule property.

4. The trial Court passed a preliminary decre




















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