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1988 Supreme(Ker) 393

VARGHESE KALLIATH
KESAVAN NAIR – Appellant
Versus
NARAYANAN NAIR – Respondent


Judgment :-

This is a fight between two brothers. The appellant before me is the plaintiff. He is the younger brother. First defendant is the elder brother. Second defendant is the wife of the first defendant. In the suit, plaintiff scheduled two items of properties-item 14? 1/2 cents of land and item II a building in item 1. The suit was one for recovery of both items on the strength of title. The outline of facts in a nutshell necessary for the disposal of this appeal are these.

2. Plaint item I was allotted to the plaintiff in a partition deed Ext. Al. It is dated 29-3-112). At the time when the partition was effected, the plaintiff was in military service. Then he remained a bachelor.

3. In 1965, the plaintiff planned to construct a building in the property allotted to him viz. plaint item I. The construction of the building began in 1965 and the same was completed by the end of 1966. Plaintiff thereafter was residing in the building. Since the defendants were residing in a rental building, he allowed the defendants to reside in the building along with him.

4. According to the plaintiff, while the plaintiff was away, the income from the property was taken for and on behalf of the


















































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