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1957 Supreme(Ker) 215

KUMARA PILLAI, VAIDIALINGAM
Janaki Alias Nangeli Amma – Appellant
Versus
Krishnan Nambissan – Respondent


Judgment :-

1. This appeal arises out of a suit for partition. The parties are Marumakkathayees, and one Devaki Amma was their common ancestress. Devaki Amma's husband was one Vishnu Nambeesan, and they had eight children-five sons and three daughters. Defendants 1, 2, 3, 4 and 5 are their sons and defendant 6 one of the three daughters. The two other daughters, Nangeli Amma and savithri Amma, are both dead, and plaintiff 1, Janaki alias Nangeli Amma, is the only child of Nangeli Amma. savithri Amma has left no issue. Plaintiff 2 is plaintiff 1's minor son. Defendants 7, 8 and 9 are the sons of defendant 6, and defendants 10,16 and 20 her daughters. Defendants 11 to 15 are the minor children of defendant 10, and defendants 17 to 19 the minor children of defendant 16. Defendant 21 is defendant 20's minor son.

2. In 1903, when he had only five children and plaintiff 1's mother (Nangeli Amma) and savithri Amma and defendant 5 were not born, Vishnu Nambeesan executed a will, Ex. B3, bequeathing to his wife, Devaki Amma, and defendants 1 to 4 and 6 and the children who might subsequently be born of him to Devaki Amma the properties which he had obtained in his family partition; and the m








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