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1958 Supreme(Ker) 115

KUMARA PILLAI, M.S.MENON
Janakikutty Amma – Appellant
Versus
Kesavan Unnithan – Respondent


Judgment :-

1. This appeal arises out of a suit for recovery of possession of property with past and future mesne profits. Defendant 9 is the appellant. The suit was brought by two plaintiffs who are father and son plaintiff 1, Kesavan Unnithan, being the father and plaintiff 2 the son Plaintiff 1 had an elder brother, Krishnan Unnithan by name, who died in Kumbhom 1121. Defendants 5 and 8 are Krishnan Unnithan's widows, and defendants 1 to 4, 6, 7 and 9 to 12 are his children.

2. Krishnan Unnithan and plaintiff 1 belonged to an ancient and aristocratic (Matampi) Nair family. The seat of their sub-tarwad house was Valiaveettii purayidom, a compound in Paravoor Pakuthy measuring 1 acre 50 cents and bearing survey No. 3177. In 1106 when these two brothers were the only surviving members of their tarwad, they executed a partition deed, Ex. A, whereby they divided most of their tarwad properties between them each brother taking the properties allotted to his share as his absolute and separate property, and also made certain provisions with respect to the remaining properties. Clause.7 of Ext. A related to Valiaveettil purayidom (Survey No. 3177). It was said in that clause that the said


























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