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1990 Supreme(Ker) 271

P.K.SHAMSUDDIN
K. Devabalan – Appellant
Versus
M. Vijayakumari – Respondent


Advocates:
Raghunathan, Babu Mathur, Advocate General, for the Petitioners; Sri S. James Vincent, Advocate, M/s. P. Sukumaran Nair and A.K. Chinnan, Advocate, for the Respondents.

JUDGMENT :-

Plaintiffs 1 to 5 in O.S. No.133 of 1978 on the file of the Court of Addl. Subordinate Judge, Trivandrum, are the appellants. The suit is for declaration of the title of the plaintiffs and the 4th defendant over the plaint schedule property and for an injunction restraining the defendants 1 to 3 from entering into the plaint schedule property and alternatively to recover possession of the property if the Court finds that the 3rd defendant is in possession of the suit property during the pendency of the suit. There is also a prayer for partition of the suit property if the Court finds that the document Ext. 17 dated 13-3-1975 is not void in its entirety.

2. It is the plaintiffs' case that the plaint schedule property was obtained by Adichan Nadar, the father of the 4th defendant, under the partition deed of the year 1079 evidenced by Ext. A-1, that the plaintiffs, the 1st defendant and Santhakumari are the children of the 4th defendant, that they are Hindu Nadars governed by Hindu Mithakshara Law, that the properties obtained by Adichan Nadar devolved on the 4th defendant and he was in possession of the same as Manager of the joint family, and that the plaintiffs obtained








































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