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1957 Supreme(Ker) 7

KOSHI, KUMARA PILLAI
Parukutty Amma – Appellant
Versus
Chellamma – Respondent


Judgment :-

1. This appeal arises out of a suit brought by a junior member of a Nair tarwad for cancellation of certain alienations of tarwad properties and a partition deed and for other allied reliefs. Ext. E is a copy of the partition deed sought to be cancelled. It was executed on 23.10.1117 by the plaintiff's mother, Lekshmi Amma who is now dead, and defendants 1 and 5. Defendant 1 is Lekshmi Amma's eldest daughter. Besides defendant 1 Lekshmi Amma had three more daughters, namely, the plaintiff and defendants 3 and 4. Defendant 2 is Lekshmi Amma's son and the brother of the plaintiff and defendants 1, 3 and 4. She had another son, named Sankara Pillai, who was younger to defendant 4, but he died before the institution of the present suit. Defendant 5 is Lekshmi Amma's husband and the father of the plaintiff and defendants 1 to 4 and the deceased Sankara Pillai. At the time of the execution of Ext. E the plaintiff and defendants 1 to 4 and Sankara Pillai were minors and therefore defendant 5 also joined Lekshmi Amma and defendant 1 in the execution of Ext. E, participating in its execution as the father and the guardian of the minors. Lekshmi Amma's thavazhi had got divided fr




























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