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1998 Supreme(Ker) 456

S.SANKARASUBBAN
Thankam – Appellant
Versus
Rajan – Respondent


Advocates:
M/s. P. G. Parameswara Panicker, M. Hemalatha, for Appellant; M/s. A. R. Sreenivasan and Lekha Suresh, for

JUDGMENT :-

This appeal is preferred by the plaintiff in O.S. No. 485/88 on the file of the Subordinate Judge's Court, Thrissur. The suit was filed for recovery of possession of the plaint schedule property from the defendant. The case of the plaintiff was that the plaintiff had married one Rajendra Prasad, the brother of the defendant. With regard to the properties inherited by the defendant and his brothers from their father, they entered into a partition deed in 1984 and 'B' schedule properties were allotted to the plaintiff's husband Rajendra Prasad. The 'B' schedule properties were being looked after by the defendant. The relation between the plaintiff and her husband was not cordial and even though they agreed to divorce, that divorce was not granted, because before the order was passed, the plaintiff's husband died. Thus, at the time of the death of Rajendra Prasad, the plaintiff was his wife and as per the Hindu Succession Act, she was entitled to succeed to his properties. After the death of her husband,the plaintiff issued notice to the defendant to return the properties to her. But since the defendant showed his unwillingness and was raising untenable contentions, the su



































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