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1964 Supreme(Ker) 99

T.K.JOSEPH, K.K.MATHEW
Narayana Bhatta – Appellant
Versus
Narasimha Bhatta – Respondent


Judgment :-

1. This is an appeal by the 1st defendant from a decree in a suit for setting aside a settlement deed and a will executed by the plaintiff. The suit was instituted by the next friend of the plaintiff. The plaintiff died since the filing of the appeal. The plaintiff was about 75 years of age at the time when he executed these documents. He was a Naik Brahmin by caste. He had married thrice, but had no children by his first two wives. The third wife is the 2nd defendant. She had two daughters Parameswari Amma, and Adithiamma by him. The latter is the next friend of the plaintiff. Parameswari Amma has 7 children, 5 males and 2 females; the 1st defendant is the eldest of them. Adithiamma has two children, a son and a daughter. The husband of Adithiamma died sometime in 1937 and their children were very young at that time. The properties left by the husband could not be looked after by them. The plaintiff and his wife therefore stayed with Adithiamma and her children at Madakatte from 1938 and looked after their affairs till 1950. In 1950 they shifted their residence to Pathur Village i. e. to Sodankur after having constructed a house there and were residing there. The 1st d












































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