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1986 Supreme(Ker) 142

PARIPOORNAN
MAROLI BALAN – Appellant
Versus
MAROLI DANNU – Respondent


Judgment :-

1. The first defendant in O.S. No. 95 of 1984, Sub Court, Tellicherry is the appellant. The suit was one for partition of the plaint schedule items A to C, namely 50 cents of land where a school is situate, the moveables therein and the management of the school. The property originally belonged to the father of the plaintiffs and the first defendant. In Ext.Al partition deed dated 12-8-1983, Edakkanam L. P. School and 50 cents of land, where the said school is situated and the moveables therein and also the management of the said school, were kept in common (A Schedule). The first defendant was authorised as the nominee of the proprietors to manage the school, to take the agricultural income from the holding and after meeting the expenses to divide the surplus among the co-owners. The first defendant is the eldest member of the family. He is also a teacher in the same school. Without caring for the other co-owners the first defendant is mismanaging the school and acting in his own self-interest. On these and other grounds, the suit was laid seeking partition and separate allotment of their 4/5 share to the plaintiffs in the suit properties. The second defendant Assistan









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