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1959 Supreme(Ker) 28

KOSHI, M.S.MENON, VARADARAJA IYENGAR
Sridevi Amma alias Malathi – Appellant
Versus
Venkitaparasurama Ayyan – Respondent


Judgment :-

1. These two connected appeals arise respectively from a suit for declaration and injunction, O. S.34 of 1124 and a petition for letters of administration, M.P. 6 of 1124, both on the file of the Trichur District Court. The suit and the petition were more or less in the nature of cross proceedings concerned with the succession to the estate of Varavoor Venkiteswara Iyer deceased. They were accordingly tried and disposed of together by the court below, the common evidence being let in the suit. As the appeals involved some novel and difficult questions they were referred to a Full Bench and so have Come before us and are being disposed of by this single judgment. We will be referring to the parties as arrayed in the suit for the purpose of convenience.

2. Venkiteswara Iyer, deceased, died suddenly as the victim of a murderous attack in his own house at Vadakkancherry in Cochin, in Chingom 1124. He left behind him considerable properties movable and immovable and two sets of close relations, one in his caste and the other outside of it. Of these relations the former comprised Venkitaparasuraman, the 1st plaintiff and also five daughters all married off and not parties. The

















































































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