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1965 Supreme(Ker) 351

T.C.RAGHAVAN
GOPALAKRISHNA PILLAI – Appellant
Versus
KUNJI AMMA – Respondent


Judgment :-

1. One of the second appeals is by the first defendant in a partion suit, and the other by the 13th defendant. The deceased father of the latter was the brother of the former. The two brothers, plaintiffs 1 and 2 and others constituted a marumakkathayam Nair tarwad; and they partitioned the properties under Ext. P.1 and P. 3 of 1114 and 1119 respectively. A sister of the first defendant and of the father of the 13th defendant by name Kochukarthiayani Amma was one of the sharers in the partitions. She had no children; and she died issue less. The controversy in the second appeals relates to the properties left by her appended to the plaint as schedules A and B. The former Kochukarthiayani got under Ex. P-1, and the latter under Ex. P-3. There were other properties also left by her and included in the suit; but the second appeals are confined to the A and the B schedules. The appellants claimed that in the properties left by Kochukarathiayani the other members had no right, and that the first defendant, Gopalakrishnan Nair, and the 13th defendant's father, Ramakrishna Pillai, alone had right... This contention has been concurrently rejected by the lower courts, and hence











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