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1963 Supreme(Ker) 110

T.C.RAGHAVAN
Kolandiyil Ammad – Appellant
Versus
Changaran – Respondent


Advocates:
M.G. Sreedharan, for Appellant; A Achuthan Nambiar, for Respondent (Nos. 1 and 2); T.L. Vishwanatha Iyer, for Respondent (No. 5).

JUDGMENT :- The appellant filed the suit for partition and recovery of possession of his 28 out of 48 shares in the suit property, which is a tenancy right. The property belonged to the 1st defendant and a person named Andarman; and the plaintiffs father, Avulla held the same on lease. Avulla died leaving the plaintiff and the 13th defendant, who were his minor children, and his widow, the 12th defendant. Thus on the death of Avulla, the plaintiff became entitled to 28 out of 48 shares, under the Mohamadan Law, being Avullas son, the 13th defendant became entitled to 14 shares being the daughter and the 12th defendant, the widow of Avulla, took the remaining 6 shares. The 12th defendant, acting for herself and as guardian of her minor children, surrendered the leasehold right to the 1st defendant and Andarman on 5th May 1934. Defendants 14 to 17 obtained leases from the owners of the property after the surrender by the 12 th defendant. The 18th defendant claimed to be a donee from the 1st defendant of his half share. Originally, defendants 14 to 18 were not impleaded in the suit and they were impleaded only on 19th November 1953 as per order in R. I. A. No. 3929 of 1953. The suit i








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