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2013 Supreme(Ker) 79

N.K.BALAKRISHNAN
C. M. Govindan Nair – Appellant
Versus
M. Ramachandran Nair – Respondent


Advocates appeared:
For the Appellants:T.A. Ramadasan, (Expired) A.K. Alex, Cibi Thomas, Advocates.
For the Respondents:N.L. Krishnamoorthy, K. Lakshminarayanan, R9 to R13, K. Praveen Kumar, Advocates.

Judgment :

1. This Second Appeal was filed by defendants 1 to 3. The first defendant died during the pendency of this appeal. 3rd appellant and respondents 8 to 13 are the legal representatives of the deceased first defendant. 8th respondent died subsequently. 3rd appellant and respondents 9 to 13 are the legal representatives of deceased 8th respondent.

2. The suit for declaration of right of pre-emption filed by the plaintiff was dismissed by the learned Munsiff. In the appeal, the learned Sub Judge reversed the finding entered by the trial court and granted a decree as prayed for by the plaintiff.

3. The gist of the plaintiff's case can be stated thus :-

The plaint schedule property belonged to deceased Lakshmi Amma. She died. The plaintiff, D2, D4 and D5 are the legal representatives of deceased Lakshmi Amma. It was contended by both sides before the courts below that the husband of Lakshmi Amma is also one of the legal representatives. However, Sankaran Adiyodi, the father of the plaintiff and defendants 2, 4 and 5 died subsequently and as such it is not disputed that the plaint schedule property belonged to the plaintiff and defendants 2, 4 and 5 and as such, each of them ha





































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