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2011 Supreme(Ker) 823

M.SASIDHARAN NAMBIAR
Narayani – Appellant
Versus
Sreedharan – Respondent


Advocates appeared:
For the Appellants:K.G. Balasubramanian, Advocate.
For the Respondent:G. Sreekumar (Chelur), K. Ravi, (Pariyarath), Advocates.

Judgment

1. Defendants in O.S.333/1996 on the file of Principal Munsiff Court, Irinjalakuda are the appellants. Plaintiff is the respondent. Suit was filed for partition of the plaint schedule properties and allotment of one half share due to the respondent. Plaint schedule properties are 14 cents in survey No.119/1 and 26 cents in survey No.119/2 of Annallur village of Mukundapuram Tauli. Respondent would contend that the plaint schedule property originally belonged to first appellant and her husband Govindan, parents of the respondent and second appellant. Though under Ext.B1 settlement deed, the properties were agreed to be enjoyed jointly by the first appellant and Govidnan, Govindan assigned his one half right over the plaint schedule properties to the respondent under Ext.A1 sale deed dated 25/2/1995 and hence respondent has one half right in the plaint schedule properties. Respondent sought separation of his one half share contending that he is not willing to continue joint possession. First appellant resisted the suit contending that the plaint schedule properties were purchased by the first appellant and her husband under registered sale deed 495/1120 ME and have been in po




































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