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2013 Supreme(Ker) 116

S.S.SATHEESACHANDRAN
Kallangadi Edathil Chathan Veettil Kumaran Kidavu – Appellant
Versus
Niduvanchalil Keloth Damodaran Nair – Respondent


Advocates appeared:
For the Appellants:K.V. Sohan, Mrs. K. Sreeja Sohan, Vineeth Kuriakose, Advocates.
For the Respondents:B. Krishnan, R. Parthasarathy, Advocates.

Judgment :

1. Additional defendants 11 and 12 in a Suit for Partition are the appellants. Respondents are plaintiff and defendants 2 to 10 in the suit.

2. First respondent/plaintiff is the brother of late Krishnan Nair, who predeceased his mother, namely, Mathu Amma. Nine items of properties are included in the suit for partition. Over item No. 1 Krishnan Nair, his mother, plaintiff and another brother (Raman Nair), all of them together, obtained rights by assignment, and, later one of the brothers, Raman Nair, released his right in favour of Krishnan Nair. Krishnan Nair married Lakshmi Amma, and on his death issueless his rights in item no.1 devolved equally on his mother and Lekshmi Amma. Over the rest, item nos.2 to 9, all of which belonged to Krishnan Nair, his widow and his mother got equal rights by inheritance. On the death of Mathu Amma, mother, her 1/2 right inherited over the properties of Krishnan Nair devolved upon her legal heirs, her children, plaintiffs and defendants 2 to 4, and also the children of another son Raman Nair, who predeceased his mother, defendants 5 to 7 in the suit. Pending the suit first defendant passed away, and her legal heirs were impleaded as Def































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