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2009 Supreme(Ker) 235

M.SASIDHARAN NAMBIAR
K. Ramananda Mallaya – Appellant
Versus
K. Anasuya Bai – Respondent


Advocates Appeared:
Date of Judgment : 17-03-2009
For the Petitioner:T.P. Kelu Nambiar (Sr.), Advocate. For the Respondent:
K.G. Gowrishankar Rai, Advocate.

Judgment :

Plaintiff in O.S.122/1986 on the file of Sub Court, Kasaragod is the appellant.Defendants are the respondents. Suit was filed for partition. Plaint schedule properties are 9 cents in R.S.No.89/4 and 52 cents R.S. No.94/4 of of Kasaragod Kasba Village. They admittedly originally belonged to Sheshu Mallya who died issueless in 1933. He had adopted Panduranga Mallya, who died in 1982, as his son. First respondent is the widow and appellant and respondents 2 to 5 are his sons. Sixth respondent is the son of second respondent. According to the appellant, appellant and respondents 1 to 6 are followers of Hindu Mithakswara law of and Sheshu Mallya was a member of the coparcenary and under Ext.A1 partition deed dated 210.1921 joint family properties were divided and some properties were allotted to Sheshu Mallya. The properties so allotted were outstanding on anwar rights. Under Ext.A2 he assigned the anwar right and utilizing the funds he purchased plaint A schedule properties under Ext.A3 sale deed dated 9.2.1928. When Panduranga Mallya was adopted, as his son, he became a member of the coparcenary. When respondents 2 to 5 and lat Ramnath Mallya were born to Panduranga Mallya a









































































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