KUMARA PILLAI, VAIDIALINGAM
Beeyyathumma – Appellant
Versus
Moidin Haji – Respondent
1. A.S.1125/53 is an appeal by the first plaintiff in O.S. 94/49 against the decree and judgment of the learned Subordinate Judge, Tellicherry, dismissing the suit so far as his claims were concerned.
2. A.S. 818/54 is an appeal by defendants 12 and 13 against the order of the learned Subordinate Judge in the same suit disallowing certain reservations claimed by them.
3. O. S.94/1949 was filed by the appellant and her sister for partition of the suit properties into three equal shares, ignoring certain transactions entered into by their father and guardian, the second defendant and for allotment and delivery of two shares to the plaintiffs. They also asked for certain consequential reliefs.
4. The case of the plaintiffs was that the plaintiffs and the third defendant are the children of the second defendant by one Pathumma. The plaint item 1 of which the plaint item 2 formed part, was held by the second defendant in Kanom-kuzhikanom right under a Marupat dated 26-6-1930, Ext. Al from the first defendant. The second defendant has reclaimed the properties and has effected a lot of improvements on them. The terms were, that a sum of rupee 1/- is fixed as the Kanarthom and the
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