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1990 Supreme(Ker) 40

VARGHESE KALLIATH
Koman Nambiar – Appellant
Versus
Lakshmikutty Appissi – Respondent


Judgment :-

1. This is an appeal by the first plaintiff in a suit for partition. In the plaint, there are five schedules. Schedule A gives the genealogy relevant for the purpose of the suit. Schedules B and Care immovable properties to be partitioned. Schedules D and E are some debts to be realised which are liable to be partitioned. Schedule F deals with movable properties. In schedule A genealogy these relevant facts are given.

2. Originally the properties now sought to be partitioned belonged to Govinda Kurup and Ithooli Appissi. Ithooli Appissi is the wife of Govinda Kurup. By Ext.B7 dated 7-8-1937, the properties of Govinda Kurup and Ithooli Appissi were partitioned. Govinda Kurup took A schedule property in Ext.B7 and Ithooli Appissi took B schedule property. The properties taken by Ithooli Appissi and some other items Ithooli Appissi got from her tarwad partition are the properties mentioned in B schedule of the plaint. C schedule property in the plaint is the A schedule Govinda Kurup got under Ext.B7.

3. Govinda Kurup and Ithooli Appissi had four children, Kunhukutty Appissi, Kunhikutty Appissi, Lakshmikutty Appissi and Kali alias Kuttimalu Appissi. Kunhukutty Appissi is the




















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