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1961 Supreme(Ker) 279

M.S.MENON, T.K.JOSEPH, M.MADHAVAN NAIR
Ramaswami Pattamali – Appellant
Versus
Lakshmi – Respondent


Judgment :-

1. The suit properties belonged to two brothers of a Hindu family, Ayya Pattamali and Parameswaran Pattamali. Plaintiffs 1 to 7 and the 2nd defendant are the descendants of Ayya Pattamali, and defendants 3 to 5 of the latter. Ayya Pattamali had four sons Subramonian, Krishnan, Chamu and Raman. Subramonian Pattamali had a son by name Nilacantan in whose favour the former, as the kartha of the family, in the year 1041 M.E. granted two kanoms regarding the suit properties. Nilacantan Pattamali died in Makaram, 1058, leaving behind him his widow Meenakshi Ammal and a daughter Ananthalakshmi Ammal. Disputes arose between the widow and the nephews of Nilacantan Pattamali as to the right of succession to his estate, which ultimately ended in a family settlement evidenced by Ext. F dated Makaram 6,1059 under which Meenakshi Ammal surrendered all the properties of her late husband to his nephews, retaining with her only the suit properties to be enjoyed for her life and then to be taken absolutely by the nephews of her husband. Nothing was said in Ext. F about Ananthalakshmi Animal's right to succeed to her father's estate.

2. Parameswaran Pattamali, a member of the collateral br


































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