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1993 Supreme(Ker) 336

M.M.PAREED PILLAY
Sosa – Appellant
Versus
Varghese – Respondent


Judgment :-

Appellant is the plaintiff in O.S.103 of 1977. Plaintiff filed the suit for partition claiming share in the suit property from defendants 1 and 2 her brothers. Parties are Christians governed by the Travancore Christian" Succession Act, 1092, M.E. Plaintiff contended that at the time of her marriage in 1958 no Streedhanam or ornaments were given to her, that she continued to be in joint possession of the family property and that she is entitled to separate possession of 1/3 share. Defendants 1 and 2 refuted the allegations in the plaint and contended inter alia that plaintiff has no joint possession of the plaint schedule property and that the suit is barred by limitation.

2. The trial Court by judgment dated 30-3-1992 held that the plaintiff was not given Streedhanam or gold ornaments at the time of her marriage, that she has been in joint possession of the plaint schedule property and that she is entitled to a share in it. Lower Appellate Court confirmed the finding of the trial Court that the plaintiff was not given Streedhanam or ornaments at the time of her marriage but held that she cannot claim any share in the property along with her brothers and her claim can on






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