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1997 Supreme(Ker) 58

S.SANKARASUBBAN
Ramankutty – Appellant
Versus
Amminikutty – Respondent


Judgment :-

Sankarasubban, J.

Defendants 2 and 3 in O.S. No. 660 of 1979 on the file of the Munsiff Court, Sherthallai are the appellants and Respondents 1 and 2 are the plaintiffs. The third respondent is the first defendant in the case. The plaint allegations are as follows:

The first plaintiff is the wife of the first defendant and the 2nd plaintiff is the daughter of the first plaintiff, viz. the first respondent and the first defendant. Till 1147 M.E. first plaintiff and first defendant were residing together in the first defendant's house. Thereafter, the first defendant neglected his wife and refused to maintain them. Plaintiffs were forced to reside in the first plaintiffs parents' house. Therefore, they instituted MC. 13/72 before the Judl.1st Class Magistrate's Court, Sherthallai for maintenance. That petition was allowed on 22.5.1974. 1st plaintiff was allowed a maintenance of Rs. 30 P.M.. and the 2nd plaintiff Rs. 15/-P.M., Inspire of the order, the first defendant has not paid any amount. With a view to defeat the claim of the plaintiff, the first defendant has executed sale deeds in respect of the plaint properties in favour of defendants 2 and 3. Defendants 2 and 3 are













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