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1957 Supreme(Ker) 45

KOSHI, VARADARAJA IYENGAR
Lekshmi Amma Karthiyani Amma – Appellant
Versus
Narayana Pillai Kesava Pillai – Respondent


Judgment :-

1. This appeal is by the plaintiffs in a suit for partition of their branch tarwad properties which has been decreed in part and disallowed as regards the rest.

2. The plaintiffs 1 to 4 and the defendants 1 to 24 constitute the members of a branch of the Thekke Poovampillil Nair Tarwad in Edappalli in North Travancore. The 1st plaintiff, 1st defendant and the defendants 4 to 8 are the children of Lekshmi Amma, deceased. They had a brother Govinda Pillai whose widow is the 25th defendant and children are the defendants 26 to 29. The plaintiffs 2 to 4 are the children of the first plaintiff, the defendants 13 and 14 are the children of the 6th defendant and defendants 2, 3 and 9 to 24 are the children and grand-children of the 4th defendant. There are five schedules of properties A to E attached to the plaint and said to be owned by the branch tarwad of the plaintiffs 1 to 4 and defendants 1 to 24, on basis of three different sets of title (i.e.) the A schedule as obtained in partition under Ext. A of 1095 from the main tarwad, the B, C and D schedules as constituting makkathayam acquisitions and the E schedule as contribution from joint tarwad funds. The plaint averred th



















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