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1951 Supreme(Ker) 29

KOSHI, GOVINDA PILLAI
Devakiamma – Appellant
Versus
Velayudhan Pillai – Respondent


Judgment :-

1. Both these appeals are against the final decree passed in O.S. 112 of 1114 of the District Court, Quilon. Plaintiffs 9 to 17 are the appellants in A.S. 825 of 1120, and defendants 26, 28, 29, 31 to 40, 77, 78 and 81 to 83 are the appellants in A.S. 251 of 1121. The suit in the lower court was for partition. The parties are governed by the Travancore Nair Act. A preliminary decree had been passed in the case and that had been confirmed in appeal. There was also another suit O.S. 592 of 1101 filed in the Munsiff's Court, Quilon, by defendants 71 to 74 of the present case. That suit also was for partition, and there the preliminary decree and the final decree had been passed. The final decree was passed in 1112. But there was a direction in that final decree by the trial court that those defendants who wanted their shares might pay the court fees and apply for the same. Present defendants 1 and 3 had already paid the court fees and the final decree allowed them also their shares. While the matter was pending on the motion of some of the parties, the High Court transferred that suit also to the District Court. In the District Court it was numbered as O.S. 77 of 1116. The








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