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1975 Supreme(Ker) 29

G.VISWANATHA.IYER
ADICHAN AYYAN – Appellant
Versus
KURUMPI – Respondent


Judgment :-

1. Defendants 1, 3 and 5 are the appellants in this second appeal. The suit was for partition and separate possession of the plaintiffs' share in the plaint property. Ayyan Adichan, a Kurava, got registry of the plaint property and was in possession. He died more than 40 years ago. He had three daughters and one son. 1st defendant is his only son. 1st plaintiff, deceased Kali Kochayya (mother of plaintiffs 2 to 5) and deceased Kah Kali (mother of the 6th plaintiff and the 2nd defendant) are the daughters. The plaintiffs allege that they are followers of Makkathayam system of inheritance under which the sons and daughters inherit the property of their father in equal shares. The 1st defendant is in possession and enjoyment of the plaint property. He was giving the share of profits to the plaintiffs until 1964 but thereafter has refused to recognise the claim of the daughters. So, they claim a partition of 5/8th share in the property. The 1st defendant and defendants 3 and 5 who are his son and grandson dispute the claim of the daughters for a share. According to them, the system of inheritance followed by the Kuravas of Kottarakkara Taluk does not recognise the right of









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