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1990 Supreme(Ker) 272

S.PADMANABHAN
Kanakku Veettil K. P. Sankarankutty Menon – Appellant
Versus
Malathy Amma – Respondent


Advocates:
A.K. Jose and V.V. Asokan, for Appellant; T.R.C. Wariyar and Sebastian Davis (for Nos. 1 to 3 and 5); A. P. Chandrasekharan, G. Sreekumar and K.A. Abdul Salam (for No. 6), P.V. Jyothi Prasad and P. Bhavadazan (for Nos. 1 to 5), for Respondents.

JUDGMENT :-

C.M.A. was filed by the first defendant against an order appointing a receiver for the suit properties. Appeal was by the fourth defendant against the preliminary decree for parition and cross objection was filed by the plaintiffs challenging the decree, in so far as it went against them.

2. Parties are Marumakkuthayee Nairs of the erstwhile Malabar area governed by the Madras Marumakkathayam Act. Ancestress was one Lakshmi Amma. First defendant is her son and second defendant her daughter. Second defendant was married in 1921 to Dr. Kunhikanna Menon, who was having lucrative medical practice. He died in 1941. First plaintiff and third defendant are their daughters and defendants 4 and 5 the sons. Plaintiffs 2 to 5 are the children of the first plaintiff and defendants 6 to 14 are the children of the third defendant. Defendants 15 to

20 are alienees of some of the suit properties. Plaintiffs and defendants 1 to 14 are thus the members of the thavazhi of Lakshmi Amma and, excluding the first defendant, all others among them are membes of the thavazhi of the second defendant.

3. The fifteen items of immovable properties in plaint A schedule were obtained by the thavazhi of























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