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1978 Supreme(Ker) 21

GEORGE VADAKKEL
JANAKI AMMA – Appellant
Versus
KRISHNAN – Respondent


Judgment :-

1. This revision arises out of a suit for partition. The suit properties belonged to one Velayudhan Pillai. The 1st defendant who died pending trial of the suit is his wife. Plaintiffs who are respondents here and the 2nd defendant, the 1st revision petitioner, are their children. They had another son, Parameswaran Pillai. 3rd defendant, the 2nd revision petitioner, is his widow and the 4th defendant, the 3rd revision petitioner, their son. As per Ext. Al Velayudhan Pillai in 1122 assigned the suit properties in favour of the 1st defendant and Parameswaran Pillai alone. As per Ext A4 in 1972 the 1st defendant gifted her rights in these properties to the 2nd defendant. Plaintiff's claim that Ext Al assignment would enure to the benefit of all the children of Velayudhan Pillai and that therefore they are entitled to a share in the suit properties was repelled by the lower court by the preliminary judgment and decree dated 22-10-1975 by holding that the 1st defendant is entitled to 2/3 share and Parameswaran Pillai's heirs, defendants 3 and 4, as a group are entitled to the remaining 1/3 share. However the plaintiff's case that Ext. A4 is vitiated by undue influence exerci




















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