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1957 Supreme(Ker) 191

T.K.JOSEPH
Parameswaran Asari Sanku Asari – Appellant
Versus
Kochumathevi Lekshmi – Respondent


Judgment :-

1. The subject matter of this litigation is a plot of land which belonged to one Madappan Asari. According to the plaintiffs he had two sons, the 1st defendant and one Parameswaran Asari, deceased and three daughters, Defendants 2 and 3 and Kochuparvathi deceased. The plaintiffs' case is that they purchased the shares of the three daughters while the 1st defendant purchased the share of Parameswaran Asari. The suit was for partition and recovery of the 3 5th share purchased by the plaintiffs. Defendants 1 and 9 of whom the latter had purchased a portion of the property from the 1st defendant filed a joint written statement denying the plaintiffs' right. They contended that Madappan Asari had only 4 children and that Parameswaran Asari was not his son. It was further contended that in their community married daughters were not entitled to a share in their father's property. The 1st defendant claimed the whole property as the only son of Madappan Asari. The plaintiffs filed a replication in which they asserted that married daughters were also entitled to shares. The trial court found that Parameswaran Asari was not the son of Madappan Asari and that the sale deed Ext F al





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