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1970 Supreme(Ker) 51

V.R.KRISHNA IYER
PARAMESWARA MENON – Appellant
Versus
SACHIDANANDA MENON – Respondent


Judgment :-

1. That a partition suit is bad for partial partition is like a slogan, more true in part than a wholly correct statement of the law.

2. This Civil Revision Petition springs from an order directing the plaintiff to amend the plaint by including some items of properties mentioned in written statement of the 1st defendant, entailing the dismissal of the suit if there is failure to carry out the direction, on the score of partial partition. The plaintiff brought a suit for partition of three items of properties in which he and defendants 1 and 2 were interested, The parties were members of a larger tarwad which divided itself by Ext. P1 partition died into several 'sakhas, the parties to the present suit constituting the 8th 'sakha'. The case of the plaintiff is that item 1, in which the tarwad house is situated and which is included in C schedule to Ext. P1, has been directed to be enjoyed in a special manner in the family partition. Item 2, which is included in the K schedule to Ext. P1, had been allotted to a member of the tarwad, by name Krishna Menon, to be enjoyed for life by him with a vested remainder in the 8th sakha consisting of the parties to the present suit. I























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