VARADARAJA IYENGAR, KOSHI
Krishnan Namboodiri – Appellant
Versus
Cheria Kesavan Namboodiri – Respondent
1. This appeal is by the defendants 2, 3 and 11 against the judgment and decree of the lower court in a suit for partition in a Malabar Namboodiri family tailed Mankolathillam in Cheruthazham Amsom in Chirakkal Taluk and comprising the 1st plaintiff and defendants 1 to 10 except the 3rd defendant. Of these parties and the 11th defendant, defendants 1 to 3 are brothers. The 6th defendant is the wife of the 1st defendant and the 11th defendant is the wife of the 3rd defendant. Plaintiff 1 and defendants 4, 7, 8 and 9 are the children of the defendants 1 and 5 and the 6th defendant is the wife of the 4th defendant. The loth defendant is the son of the defendants 4 and 6. The defendants 4, 6, and 10 were transposed as plaintiffs 2,3 and 4 pending suit. According to the plaintiff, the 3rd defendant had separated from the family under registered release Ext. A-6 dated 24-3-1939 but he was allowed to deal with the family properties and income by the 1st defendant karanavan though to the prejudice of the illom. The plaintiffs repudiated the claim to a share by the 3rd defendant; similarly by the 11th defendant who was married by the 3rd defendant long after Ext, A-6 date. The p
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