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1962 Supreme(Ker) 58

S.VELU PILLAI
Kurian – Appellant
Versus
Martha – Respondent


Judgment :-

1. The suit properties belonged to Kuriakose, the father of the plaintiff and the first defendant who died on Dhanu 7,1121, and were bequeathed by him to the plaintiff by will, Ext. P-1 (a) dated Makaram 26, 1115, which he had deposited in a sealed cover Ext. P-1 with the District Registrar, Kottayam, under the provisions of the Travancore Registration Act, 1087. On his death the properties came into her possession, but the first defendant attempted to take possession by force; she sued in O. S.346 of 1121 for injunction to restrain him from doing so, and a receiver was appointed for the properties. The suit was ultimately dismissed. She then instituted the suit out of which this appeal arises for establishing: her title to the suit properties under the will and for the recovery of the same from the receiver who was impleaded as the second defendant or from the first defendant, if he has already got into possession from the receiver. The second defendant pleaded that he had already surrendered possession to the first defendant. The latter contended that Kuriakose had not executed any will, that even the will put forward had not been duly attested and that he is in prese











































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