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1960 Supreme(Ker) 197

M.S.MENON, T.K.JOSEPH
Pathumma Beebi – Appellant
Versus
Krishnan Asari – Respondent


Judgment :-

1. The 2nd defendant in O.S. No. 248 of 1951 of the court of the District Munsiff of Palghat is the appellant in S.A. No. 541 of 1955. The legal representatives of the 3rd defendant in that suit are the appellants in S.A. No. 542 of 1955.

2. The suit was for the recovery of the property described in the A schedule to the plaint. The total extent of the land comprised therein is about 81/2 cents. Of these, about 21/2 cents constitute the property specified in the B schedule to the plaint and the balance constitutes the property specified in the C schedule thereto.

3. The whole of the property was purchased under Ext. B3 dated 5-9-1876. The purchaser was one Suppa Ammal, wife of a Pathan Asari. Both the lower courts have concurrently found that she was, till her death sometime prior to 1879, the real owner of the property.

4. On her death the properties devolved on her three daughters, Ayya Ammal, Vella Ammal and Meenakshi Ammal. Meenakshi Ammal died before 1909, Vella Ammal about 1941 and Ayya Ammal on 27-5-1948.

5. The 1st plaintiff and defendants 7 and 8 are the surviving sons of Ayya Ammal. Plaintiffs 2 and 3 are the sons of a deceased son of Ayya Ammal. Vella Ammal left



































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