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1955 Supreme(Ker) 89

KUMARA PILLAI, NANDANA MENON
Narayananru – Appellant
Versus
Keshava Kurup – Respondent


Judgment :-

1. This second appeal is preferred by the plaintiff and is directed against the decision of the District Court Alleppey in A.S. No. 67 of 1125 confirming the judgment of the trial court dismissing the suit. This appeal came up for hearing before Mr. Justice Joseph Vithayathil. It has been referred to a Division Bench as it was considered that the question of law involved necessitated the same. The said order of reference is as follows:

"The main questions raised in the second appeal relate to the interpretation of S.12 of the Travancore Malayala Brahmin Act and the term "senior anandravan" as used in the Act. These are questions of law of considerable importance and I think that it is desirable that they are considered by a Division Bench of this Court, I, therefore, refer this Second Appeal to a Division Bench".

The circumstances giving rise to this Second Appeal are as follows:- The plaintiff Damodararu Narayanaru comes from a Malayalee Brahmin family. The plaint schedule property belonged to defendants 1 and 2 who mortgaged the same to plaintiff's father as per Ext. A on 18.4.1100. In the tarwad partition of the defendants as per Ext. II dated 16.12.1103 it was allott













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