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1957 Supreme(Ker) 254

T.K.JOSEPH
Pappu Kesavan – Appellant
Versus
Sankaran Raghavan – Respondent


Judgment :-

1. The 1st defendant in a suit for partition of immovable properties is the appellant. The three plaintiffs who filed the suit are the widow and children of one Pappu Sankaran. Defendants 1 and 2 are brothers of Pappu Sankaran. Their father was one Karumpan Pappu who died in the year 1110. The 3rd defendant is a son of Karumpan Pappu by another wife. The plaintiffs, and defendants 1 to 3 are Paravars or Chozhavas and according to the plaintiffs, they are governed by the Makkathayam system of inheritance. The properties described in Schedule A of the plaint were acquisitions of Kochupothi Kalikutti, the maternal grandmother of Pappu Sankaran and defendants 1 and 2 The plaintiffs claim I/3rd share in these properties as heirs of Pappu Sankaran. The properties in schedule B are the acquisitions of Karumpan Pappu and in respect of these, the plaintiffs claim I/4th share. The plaint claim is based on the assertion that Pappu Sankaran was entitled to such shares in A and B schedule properties. The main contentions of the 1st defendant were that the parties were not Makkathayees but Marumakkathayees following the Misravazhi system and that even in respect of properties obtaine







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