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1991 Supreme(Ker) 242

K.P.BALANARAYANA MARAR
Avvammada Pathummabi – Appellant
Versus
Avvammada Sarommabi – Respondent


Advocates:
T. F. Kelu Nambiar and P. G. Rajagopalan, for Appellants; S. N. Poti S. Ramesh Babu, P.K. Balasubramanyan, S. V. Balakrishna Iyer, Johnson Mathew, K. Jayakumar, V. P. Mohan Kumar and Prabha K. Pillai, for Respondents.

JUDGMENT :-

These two appeals arise from the judgment and decree in O.S. 2/1976 Sub Court, Kavarathi in Lakshadweep. The suit is one for partition of 36 items of immovable properties, a boat and amount received by way of compensation for land acquired by Government. Some items are claimed by plaintiffs and defendants 1 to 19 and the remaining items by plaintiffs and defendants 1 to 22. Defendants 20 and 22 resisted the suit and contended that they belong to a different tarwad and claimed some of the plaint schedule properties as belonging to their tarwad. There was also dispute inter se between plaintiffs and defendants 1 to 19. Defendants 20 to 22 were found to be members of a different tarwad and the properties in their possession were found to be not available for partition. A preliminary decree was passed for division of the properties found available into 24 shares and for allotment of one share to plaintiffs. Other consequential reliefs were also granted. Aggrieved by that decision plaintiffs have come up in appeal in A.S. 358/1986. The other appeal is filed by defendants 1 to 9, 11 to 14, 34 and 39. Since both these appeals arise out of the same judgment, they were heard joi




















































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