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1955 Supreme(Ker) 25

SUBRAMONIA.IYER, VITHAYATHIL
Kunj aiyyappan – Appellant
Versus
Unnaman – Respondent


Judgment :-

1. Defendants 1 to 5 in O.S. 121 of 1123 are the appellants. That was a suit for partition filed by two sons of Ayyappan an Ezhuva against their two brothers for partition of their father's properties. Five items of immovable property were sought to be divided besides certain movables. The third item was admittedly divisible. Contest was entered regarding the four others. The first two items were held by the father on kanom under the Desamangalam Mana. Ext. D is the kanom deed in favour of Ayyappan of the year 1097. The kanom was renewed in the name of the first defendant who is the eldest son under Ext. C in the year 1105. This renewal refers in terms to the earlier demise in favour of Ayyappan. There was a further renewal in the year 1118 under Ext. II but that does not refer to the demise in favour of the father but refers to the renewal of the year 1105. The first defendant claimed these two items as exclusively belonging to him on account of the two renewals made in his name under Exts. C and II. The court below found against the plea. Items 1 and 2 were held by the father on kanom and the claim of the first defendant to exclusive title on account of renewals taken



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