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1956 Supreme(Ker) 80

JOSEPH VITHAYATHIL, VARADARAJA IYENGAR
Kurian Augusty – Appellant
Versus
Devassy Aley – Respondent


Judgment :-

1. Plaintiffs are the appellants. The suit is for partition of properties left by one Joseph Kathanar who died intestate on 24.12.1952. Plaintiffs are the sons of a deceased sister of Joseph Kathanar. He had three brothers and two sisters of whom only one brother (the first defendant) and one sister (the second defendant) are now alive. Defendants 3 and 4 are the children and defendants 5 to 9 the grand-children of a deceased brother, Pylee, and defendants 10 to 12 the children of the other deceased brother, Ithappiri. Defendants 13 to 19 were impleaded as persons in occupation of some of the properties. The first defendant died during the pendency of the suit and his legal representatives were impleaded as additional defendants 20 to 23. According to the plaintiffs they are entitled to one-fifth share in the properties, and the suit is for partition of that share.

2. The second defendant supported the plaintiffs and contended that she also was entitled to one-fifth share in the properties. Defendants 3 and 11 contended, inter alia, that under the Travancore Christian Succession Act the plaintiffs were not entitled to any share in the properties of deceased Joseph Kathan















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