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1988 Supreme(Ker) 103

BALAKRISHNAN, U.L.BHAT
SARASWATHY WARASSIAR – Appellant
Versus
PARUKUTTY WARASSIAR – Respondent


Judgment :-

1. Defendants 1 to 8 in O.S. 142 of 1976 of the Sub Court, Parur have filed this appeal. Pending appeal first appellant died and her legal representatives have been impleaded as respondents 13 to 17.

2. Plaintiffs filed the suit for partition alleging chat they along with defendants 1 to 8 belonging to Warriar community are members of a tavazhi tarwad governed by Mitakshara Law and plaint A schedule properties were allotted to the tavazhi tarwad under Ext. Al partition deed dated 15-12-1959 and the plaintiffs are entitled to separation of 8/16 share therein, that plaint B schedule properties belonged to Padmanabhan Namboodiri, the husband of the first defendant and father of first plaintiff and defendants 2 to 5 devolved on them on his death and the first plaintiff is entitled to separation of 1/6th share with mesne profits. On the death of the fourth defendant, defendants 9 to 14 were impleaded as his legal representatives. Plaintiffs also challenged various alienations in favour of defendants 15 to 18. Defendants 1, 2, 3, 5 and 9 to 14 filed joint written statement contending that plaint A schedule properties belong exclusively to the first defendant and are not tavazh










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