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1974 Supreme(Ker) 53

G.VISWANATHA.IYER
ABBAS – Appellant
Versus
KUNHIPATTU – Respondent


Judgment :-

1. Plaintiff is the appellant in this second appeal. He sued for partition and separate possession of one-half of the plaint schedule property on the following facts. The property belonged to one Hassan and his wife Aisa. They made a gift of an undivided one-half share in the property to the defendant, their eldest daughter, as per registered gift deed dated 16-9-63. On the same day the remaining undivided half right was assigned to the plaintiff. At the time of the assignment the defendant was his wife. The marriage was conducted in 1962 and recently the plaintiff divorced the defendant and therefore he does not wish to keep the property joint any longer. They are in joint possession of the property. A registered notice was issued demanding partition. Instead of complying with that demand a reply notice has been issued making false allegations. In the reply it is stated that the document is not supported by consideration and that the property was given as 'Kasi' for the marriage. The plaintiff denied the allegations in the reply notice and sued for partition. The defendant was a minor on the date of suit. Through her father-guardian she filed a written statement in whi



















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