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1955 Supreme(Ker) 129

JOSEPH VITHAYATHIL, T.K.JOSEPH
Soosa Anthony Decosta Nicholos Decosts – Appellant
Versus
Emakalaperumal Nadar Sivasubramonia Nadar – Respondent


Judgment :-

1. The plaintiff is the appellant. The suit is for recovery of properties on the strength of title. The plaint properties which are five in number belonged to the father of the plaintiff who died intestate on 19.10.1109. He was governed by the Travancore Christian Succession Act, II of 1092. He left behind his widow and seven children, the plaintiff and six daughters. It was alleged that of the six sisters of the plaintiff four were married during the life-time of the father and that they were given their Stridhanom. The plaintiff was a minor when his father died. According to the plaintiff, himself and his mother were the only heirs of his father. It was alleged that after the death of the father an arrangement was entered into between the plaintiff's mother and the other relations of the plaintiff by which the mother was given possession of the plaint properties and some other items and the remaining properties were kept in the possession of the plaintiff's paternal uncle who, according to the plaintiff, was his legal guardian. Defendants 1 to 6 were in possession of the plaint properties as lessees under the plaintiff's mother. Under the Christian Succession Act the
















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