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1973 Supreme(Ker) 10

G.VISWANATHA.IYER
Vedamani Palayya – Appellant
Versus
Ummini Nadar Kochukrishnan – Respondent


Advocates:
K. Sudhakaran for Appellant; P. Sukumaran Nair, for Respondents.
Judgement

JUDGEMENT :-

Plaintiff is the appellant. The suit is for declaration of his title and possession over item 1 and

for partition of items 2 to 4. Defendants 1 and 2, husband and wife, had a daughter by name Thankammal who was the wife of Plaintiff. She died on 2-12-1963. Plaintiff had married her in the year 1952. At that time item No. 1 was settled on plaintiff and deceased Thankammal by defendant 1 as per Ext. P-1 Streedhanom deed. A building was put up on this item later and this Thankammal was residing there and the plaintiff who was in military service used to come occasionally here to live and then go back to his place of service. Items 2 to 4 are acquisitions in the name of Thankammal. When Thankammal died the plaintiff was away. On hearing the news of her death he came on 12-12-1963. He staved in the house and after 12 or 13 days returned to his place of service. Subsequently dispute seems to have arisen between the parties as regards the rights over item No. 1. So, the plaintiff filed a suit for declaration of his title and possession over item No. 1' and for partition of items 2 to 4 and allotment of a one-half share to him. He claimed that the building in item No. 1 was put
































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