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1970 Supreme(Ker) 15

P.SUBRAMONIAN POTI
VARGHESE – Appellant
Versus
MARIAMKUTTY – Respondent


Judgment :-

1. This second appeal was filed by the 4th defendant in the suit and on his death his legal representatives have come in as additional appellants 2 to 5. The appeal arises from a suit for partition of the plaint properties which is claimed as that belonging to the predecessor-in-interest of the plaintiffs, defendants 1 to 3 and 5 to 16. Two sale deeds, Exs. D-1 and D-2, have been executed for these properties, but according to the plaintiffs those sale deeds are not binding on the interests of the plaintiffs and therefore partition is prayed for avoiding these sale deeds. Kochuvareed, the father of the plaintiffs, to whom the suit properties belonged, died on 15101117 leaving his heirs. His children were plaintiffs, defendants 2 and 3, one Lonappan, father of defendants 5 to 7, and Anthony, husband of the 8th defendant and father of defendants 9 to 16 and also his second wife, the first defendant. The 4th defendant obtained Ex. D 1 sale deed dated 12 21951 from Anthony, Lonappan and the first defendant for items 1 and 2 in the plaint schedule and Ex. D 2 sale deed dated 22-3-1952 from the 3rd defendant for item No. 3 in plaint schedule. In joining Ex. D-1 sale deed the







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