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1992 Supreme(Ker) 19

SHAMSUDDIN
Sekharan Nambiar – Appellant
Versus
Ramanunni Nambiar – Respondent


Judgment :-

Defendants 13,15,16,42,44 to 51,54 and 55 are the appellants. The suit was for partition of the plaint B schedule property.

2. Briefly stated the plaintiffs case is as follows: The property belonged in jenm to the grand-mother of the plaintiff Chinna Appissi and her sister Kunchi Appissi and brother Kunhunni Nambiar and they were in possession of the plaint schedule property. On the death of Chinna Appissi, the property vested with the plaintiffs and defendants jointly and they are in joint possession and enjoyment. Defendants 13,42 and 52 sold some timber trees without the consent of the plaintiff and other defendants. So, a petition was filed before the police and the matter was amicably settled. But still, defendants 13,14 and 52 were making attempts to cut and sell trees. In the circumstances, plaintiffs sought a partition, but it was not heeded to by contending defendants. It is in these circumstances, the plaintiff sought for partition and separate possession of 1/56 share out of the plaint schedule B property.

3. Defendants I to 11 and 17 to 31 filed written statements admitting the plaint claim. 13th defendant filed written statement repudiating the contention of




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