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1956 Supreme(Ker) 69

KOSHI, NANDANA MENON
Velayudhan Niar Parameswaran Niar – Appellant
Versus
Narayani Amma Janaki Amma – Respondent


Judgment :-

1. This second appeal is by the plaintiff. His suit was for a declaration that under a partition arrangement evidenced by Ext. A, dated 15.3.1104, he was entitled to absolute rights over the plaint schedule property and that a provision therein that on his death it shall belong to defendant 1 and her children was invalid and inoperative. A further relief asked for in the plaint was that the plaintiff's name should be allowed to be entered in the revenue records as the registered holder of the property. The trial court, which in this case was the court of the District Munsiff of Meenachil, gave the plaintiff a decree as sued for by him, but on appeal before the District Court of Kottayam that decision was reversed. The learned District Judge dismissed the suit with costs. Hence this second appeal.

2. The plaintiff and defendant 1 are the children of one Narayani Amma. Defendant 2 is the son of defendant 1. At the time of Ext. A Narayani Amma had three other children. By Clause.4 of the partition deed the plaint property (A schedule thereto) was allotted to the plaintiff, defendant 1 and her children, defendant 2 and one Gopalan Nair, being given the property in schedule E





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