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1989 Supreme(Ker) 368

K.S.PARIPOORNAN, T.L.VISWANATHA IYER
Thayyullathil Kunhikannan – Appellant
Versus
Thayyullathil Kalliani – Respondent


Advocates:
T.S. Venkiteswara Iyer, P.K. Balasubramanyan, K.S. Rama Warriyar, Vijayan Kodoth and S.V. Balakrishna Iyer, for Appellants; S. Narayanan Potti; S. Sankara Subban and Dr. George Mathew (K), for Respondents.

Judgement

T.L. VISWANATHA IYER, J.:- This appeal is by defendants 3 to 6 in a suit for partition. Admittedly, the plaint A schedule properties belonged to one Pokken, who had two sons, Kumaran and Kunhikannan (3rd defendant) and three daughters, Devu, Ammalu and Kalyani, who are defendants 1 and 2, and the plaintiff, respectively. Defendants 4 to 6 are the children of the 3rd defendant. Pokken died on March 12, 1968; his wife Chirutha on May 30, 1977, and son Kumaran, on September 4, 1974 (vide Ext. B27). Pokken had two sisters Matha and Kalyani, of whom Kalyani had two sons, Kunhikannan and Gopalan.

2. The plaintiff filed the suit for partition and separate possession of her 1/3 share in the two items of plaint A schedule properties, and the B schedule movables, with the allegation that Pokken had executed a registered will on August 31, 1953 bequeathing these properties to his three daughters, to be held by them in equal shares, and that therefore she was entitled to a 1/3 share therein. By the Will (a registration copy of which is Ext. A1) Pokken bequeathed the eight items of properties specifically mentioned, to his sons (Kumaran and the 3rd defendant), sister Matha, and nephews






















































































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