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1954 Supreme(Ker) 130

KOSHI, SUBRAMONIA.IYER, KUMARA PILLAI
Nanu Divakaran – Appellant
Versus
Velumpi Nani – Respondent


Judgment :-

1. The questions which arise for decision in this second appeal relate to succession to the self-acquired and separate properties of an Ezhava female under S.18 of the Travancore Ezhava Act III of 1100. Plaint schedule items 1 and 2 are admittedly self-acquired properties of one Karambi who was the mother of the 1st defendant. Karambi died after the Travancore Ezhava Act III of 1100 came into force, leaving a son and a daughter. The daughter is the 1st defendant, and the son was one Nanu who died in 1116. Plaintiff is the eldest son of the 1st defendant. Besides the plaintiff the 1st defendant has five more children. In 1115 the 1st defendant and Nanu mortgaged plaint schedule item No.1 to the 2nd defendant for Rs. 50, and while the 2nd defendant was in possession of the properties the 1st defendant executed in favour of the 3rd defendant a puisne mortgage, Ext. A, in 1119, after Nanu's death. Both plaint items 1 and 2 were included in Ext. A. Possession of item No. 2 was given to the 3rd defendant on the date of the execution of that document, and she was directed to redeem the mortgage of 1115 and get possession of item I. Accordingly she was also obtained a decree fo



















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